Step Father Adoption w/out Biological Father's Consent?

Hi..I live in FL..married..and mother of 3 kids..my husband isn't the biological father of my oldest son (4 yrs old)..the biological father is my ex-boyfriend..a very abusive man...after my son's birth..he got deported..he came back ilegally to the US about 6months ago..but i don't really know anything about him..in this 4 yrs he has never helped me or come see my son..Now that me and my husband have a family..we want my oldest son to have my husband's last name just like his siblings..if we submit a stepfather adoption..do i still need his biological father's consent since i don't know anyway to find him?

newmommy

Just last week we terminated my baby's biological father without his consent. Its called "involuntarily termination". I had to get a lawyer and what we did is this. We had to have legitimate reasons to terminate. They based it off of these three things. 1. He abandoned the baby before she was born and to this day he has not supported her (11 months). He has never even seen her. 2. He was petitioned to take a paternity test and acknowledge her that she was his. This meant he had to get a lawyer too and pay for all court fees including an ad litem for the baby. He was given 20 days to register for a pat test. (which he did not) 3. He is a convicted felon. He is in prison now with a sentence of 5 years. In Texas they have to have atleast 2 years of time to serve and this is a form of abandonment. Something like that. My lawyer scheduled a court hearing to have his rights terminated. I had two people testify against him proving that he knew of the baby's existance and proving he did not support her, acknowledge her, etc...Now he will know this has been done and finalized once he gets his copy of our termination decree. I am not sure how it works in Florida but if you go to this website, they may be able to help you. I know I had to use this site for other legal advice. I hope this helps.

http://forum.freeadvice.com/

ashfunny14

If the father has gotten deported then came back illegally report him, then get the step dad to take custody. The family court system can see as an open and shut case.

cricketlady

I think you still need his consent. Maybe all you need to do his publish your intention in the newspaper of the last known address of the bio dad.That's how it's done in my state.

lorisam7879

If the biological father was a US Citizen, then yes you would need the father's consent and I could see how it would be difficult for you.
It would be best for you to consult with a lawyer just to be sure of your rights with him being illegal. But again since the bio father is abusive, never been around, abandoned the child, and isn't even a citizen, I don't think you'll have any problems at all.

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