Winter Park, FL asked in Family Law, Adoption and Child Custody for Florida

Q: Do I need my child's biological dad's consent for my husband to adopt her? Do I have to terminate his rights?

He isn't on the birth certificate.

He hasn't established paternity.

She is almost 3.

Hes not developed a relationship with her.

He left when i was pregnant.

He hasn't supported her.

He has met her, but only through his grandparents and I had no knowledge.

He has never had custody.

Do I need to terminate his rights or can I proceed without his consent ? In Florida

1 Lawyer Answer
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: There is statutory provision for an adoption without the father's consent, but he probably would have to be notified of the adoption petition. It may also be necessary to do paternity testing so that the court is convinced that he is indeed the biological father. I suggest you get an attorney to advise you in more detail.

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