Cape Coral, FL asked in Adoption, Child Custody and Divorce for Florida

Q: Uncontested Divorce trying to be civil how to give step parent visitation without allowing them to adopt the child

Oldest child isnt biological the step parents kid. He has been going with his brothers since we split during timesharing with mom how to write that into paperwork without allowing him to be legally adopted his real mom abandoned him 11 years ago but is still on birth certificate I have paperwork from dcf stating I have sole custody of this child

2 Lawyer Answers
Opal Phiona Lee
Opal Phiona Lee
PREMIUM
Answered
  • Divorce Lawyer
  • Fort Lauderdale, FL
  • Licensed in Florida

A: Permitting the step-parent timesharing wouldn't be causing the the person to legally adopt - an adoption process would need to be initiated. However, you may be entering into an agreement/contract to give a person rights they may not otherwise have. As such, I strongly suggest you schedule a consultation with a divorce/family attorney to obtain advise specific to your situation. I wish you the best of luck.

Camila Martin
Camila Martin
PREMIUM
Answered
  • Divorce Lawyer
  • Miami Lakes, FL
  • Licensed in Florida

A: A step-parent typically does not have any right to have timesharing with a child that has not been legally adopted. In order for the step-parent to adopt a child, a Step-Parent adoption process would have to be initiated in Court and that requires the agreement of the biological parents or a finding by the Judge that the adoption is in the best interest of the child. I suggest you consult with an attorney before signing any legal documents that give the step-parent rights that he does not have so that you can make a decision fully aware of your rights.

DISCLAIMER: The answer provided here do not constitute legal advice. Any statements made are based on the limited facts you have provided and are general statements that might not be applicable to your case based on other factors. We do not have an attorney-client relationship and you should consult with a local attorney. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in the State of Florida. Camila Martin, Esq.

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