Q: Can my husband adopt my children if I have full custody and their birth father has visitation rights, but hasn't visited since 2022 and is behind on child support?
I have full legal and full physical custody of my children, and their birth father has supervised visitation rights two hours once a month, per a court order. However, he has not used these visits since 2022 and only saw the children once that year. He has expressed objections to someone else adopting the children, but has not actively tried to see them and is currently $13,000 behind on child support.
My husband, who has been with us since my youngest child was 6 months old (now almost 5), wishes to adopt them, and my children also want him to adopt them. My children do not know their birth father, who does not call or visit them. Additionally, their birth father has made threats against me and my husband, saying he would kill us if he didn’t get the children, raising significant safety concerns. I also have pictures documenting the physical abuse I suffered from him.
Given these circumstances, can I proceed with allowing my husband to adopt my children, or do I need to terminate the birth father's visitation rights first?
A: The short answer is that you need the children’s father to consent to the adoption, no matter how bad his behavior has been. Otherwise you would have to terminate his parental rights, which is not easy. Speak with a local family lawyer for more specific advice.
A:
The step parent adoption you are referencing requires the consent of both legal/biological parents, however the court can waive that requirement where it is alleged and proven that the non-consenting parent has abandoned the children, as that term is defined under Florida statues.
The adoption, when granted, would terminate the biological father's parental rights to and with the children as well as terminate any financial obligation he would have for the children from the date the adoption is granted. However, the biological father would remain responsible for any child support arrears that were due at that time.
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