FLORIDA Step Parent adoption, father signed over rights when we divorced

[jbenn32]

I am trying to complete step-parent adoption paperwork myself to avoid the high cost of hiring an attorney to do this for me. My husband and I have been married for 2 years. He has been in my 5 year old son's life since he was 10 months old. My ex-husband (the biological father) signed over his rights to my son in our divorce decree in 2008. Will this suffice as him giving his consent, or will I still be required to contact him for consent in order for the adoption to take place?

 

[shrinkmaster]

I doubt he actually signed over his rights as Judges dont do this except in cases of abuse similar. You likely got sole legal and physical custody but Dad still maintains his rights. I understand you dont want to hire a lawyer but what your attempting to do is a very long process and any error on your part will only extend that time frame. You should at least consult an Attorney

 

[jbenn32]

You are correct, it is not normal, and my case was an exception. My ex was very mentally unstable, an alcoholic, and addicted to prescription pills. We had the language added into the decree for "security measures" so that he never tried to come after my son in the future. The language in the decree actually reads that he willingly consents to terminating his parental rights to the minor child.

 

[shrinkmaster]

Then its likely you do not need a TPR from him and you can proceed with adoption paperwork. Again i caution you to at least consult an Attorney and bring that court judgement with you to that meeting

 

[jbenn32]

I will look into a consultation with an ttorney.
Thanks so much for the advise.

 

[Proserpina]

I would make triple sure that the decree is actually binding - because generally, it's a different matter entirely from the divorce.

 

[violeteyestwo]

Most states require that anyone who has interest in the child has to be notified of the adoption. It is better to serve him notification papers then it is to not and have the adoption reversed because you didn't. If he decides to come to court and fight the adoption then you can bring in your court papers to show that he agreed at the time of the divorce that he would allow his rights to be terminated if presented to him. I found some sites that gives some general information on adoption in general in Florida. I noticed in reading the information it says that you need to have an agency involved (here in Arizona it's various child mental health providers that can be an agency). That agency will also be a very key part in terminating rights. If you do a search on step parent adoption in Florida it will bring up various sites that can help clarify the rules there.