Q: Does my husband have a chance of adopting my son without the biological fathers consent?
I have an injunction against my eldest sons biological father. He was granted the visitation he petitioned for after a year of no contact with our son. It has now been five years now and he has still had no type contact with him. He recently said in court he moved to Tennessee a month ago which I was not made aware of. I have had to file six civil contempts within two years for nonpayment of court ordered support in which twice he was arrested twice and is now behind $21,000. I have been married for four years now and have another son with my husband. My husband would like to adopt my son since he has been his father figure and financial support since our courtship. My husband has also been my sons sole provider for two years now since I have not worked. The biological father refuses to consent to the adoption with a temper. Do we have a chance of going through with the adoption without consent and how do we do that?
A: Many more facts need to be known in order to form an opinion. The best thing to do is go see a local family attorney about this. The bio dad may well have abandoned his parental responsibilities, and that might be a way to work it. You should still go after the support from him too.
A:
His consent is required so you will have to have a trial.
Use of a lawyer is recommended.
John A. Smitten, Esquire
Carey Leisure and Neal
622 Bypass Drive, Suite 100
Clearwater, FL 33764
Phone: 727-799-3900/Fax: 727-490-4944
jsmitten@careyandleisure.com
www.careyandleisure.com
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