What form do we need?

Question

My husband just found out that he has a 6 year-old son. The mother has signed away her rights so that her parents can adopt him. My husband has decided that since the mother doesn't want him that he wants his son to live with us.The grandparents are trying to have my husbands rights terminated so that the adoption can proceed. Their attorney had the child support abated. I guess this is so that no order will be entered for child support. Their lawyer is using the arguement that my husband has never supported this child and that that means he abandoned him. We want to have the abatement lifted so that a child support order will be granted and my husband can pay child support. We live in FL. What do we need to file? Any advice or help would be greatly appreciated.

Answer 1

Find a lawyer to help you through the process.

Answer 2

http://www.flcourts.org/gen_public/famil...

This is the link for the Florida self help law page. It will have the forms that you need to file and the procedures that you need to go through to stop this adoption.

If you husband truly did not know that he had a son, lack of child support will not play a role in termination of parental rights.

You will need to have the court order DNA testing if they (grandparents) will not do it willingly, (Yes there are forms for that too!) then have your husband listed on the birth certificate.

If the mother and grandparents did not do a proper search for putative father your husband can petition the courts to halt the adoption.

All of what you are discussing centers around the legal stuff, but I hope that your husband and you find a counselor that can make this a smooth transition for this little boy. Please, even though right now the grandparents appear in the enemy camp, remember that they love this child and have a longer and probably more stable relationship with the child. After the possible slug fest in court it will be in the child's best interest to continue with a consistent relationship with his grandparents. Remember that just cause the adults don't see eye to eye doesn't mean that the kids have the same 'problem'. Please, please, be gentle with this little guy durring the transition.

Answer 3

I highly recommend obtaining an attorney that specializes in family law.  He will be able to process the necessary legal paperwork to stop any "termination of rights" from occurring.  If nothing else, I would highly recommend sending a letter to the bio-mom and express your desire to NOT terminate rights for purposes of adoption.  This will give you something "in writing" should you have to go to court.

Good luck to you.

Answer 4

You seriously need good advice from, not just an attorney, but an adoption attorney.

In some state, it does not matter that he did not know he was a father.  If he "slept with" a woman, he assumed the responsibility of the possibility of fathering a child.  Therefore, he had to have registered with the Paternity Registry in his state in case she ever had a child and placed that child for adoption.

And child support is to be paid whether it is ordered or not.  That is a father's responsibility.

So......contact an attorney as soon as possible!  It is imperative.  A "form" will not do it.

Answer 5

I would contact Child Protective Services by going to their website at http://www.dcf.state.fl.us/fostercare/  They can probably direct you on how to proceed.

You can also contact a lawyer that deals with custody and/or adoption cases.  They should be able to help you, too.

Another option is to contact the Probate Court and ask them what you need to do.  If they can't give you direct advice, they'll at least be able to point you in the right direction.

Answer 6

If you have the money, get a good family law attorney where the child is located.  If not, then go apply for free child support services with the state (DHS) requesting paternity establishment (I would suggest genetic testing to make sure you are the father) and a child support order.  Once you get the State child support office involved, everything slows down.  Notify the grandparents/mothers attorney that you are getting your paternity established through the state and would like to start having visits with the child (make sure you keep a copy of the letter and send it to the atty by certified mail so you have a record that they received it).  This will also show you are interested in the child, making efforts to be a dad once you knew about the child, and also make sure there is a record that mother never told you about the child and once you knew about the child, you began taking action to be a father to that child.  Once you get paternity rights established and are considered the legal dad, then get an attorney to just do the custody part.  Good luck!

Answer 7

Go to www.adoptionattorneys.org and get an attorney.  If the birth mother named him, then she must get his permission to put the baby up for adoption.  Why is he just finding out now that he has a 6-year old?  I am not judging, I am asking if the birth mom deliberately kept the facts from him.

Answer 8

I love how you are trying so hard!