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My sons father has not seen him in a year, I would like to terminate rights.?

Florida resident my sons father has not seen him since Nov 09. I found out he joined the Army, he doesn't know that I know. He is no longer in the same state, is this legal? I haven't heard from him since Nov. My husband would like to adopt my son but I heard its not an easy process since he pays child support. I am also in the military(reserves) I was told that both parents cant have custody of their child if both are in the military does that mean my husband can adopt him?

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  • 1 decade ago
    Favorite Answer

    You have to take this up with a lawyer who is knowledgeable about termination of parental rights and adoptions. Your state laws provide a statutory basis for termination of parental rights which commonly include abandonment. If he continues to pay child support, some courts will find there is no (financial) abandonment. Also the standard of proof in termination cases is "beyond a reasonable doubt," which is a very high and sometimes unattainable standard. The other impediment to termination is the father's military service which may give him a legitimate basis for not seeing his son for an extended period. Talk to a lawyer to see where you go from this point and if you want to invest the time, money and resources in a legal matter that may be more difficult than you anticipate.

  • 1 decade ago

    You can't terminate his rights. He has to agree to terminate the rights. Contact him and ask him to do so, letting him know that he will no longer be obligated for FUTURE child support if he agrees. (Don't let him out of past child support, that's your child's money.) Your husband cannot adopt him until the dad agrees. There is no legal requirement for the parents to stay in the same state, especially if they are military, since they have no choice.

    Both parents can have custody if both are in the military. Not sure where you got that.

    If you are in the military, then contact their legal department for advice.

  • 1 decade ago

    You can't terminate his rights only the court can do that and if he is still paying support they are not going to do that. Your husband cannot adopt your son without his fathers consent and he can't have custody of him if you get deployed unless the father agrees.

  • Anonymous
    1 decade ago

    you need to take that guy to court for back support.it is his financial responsibility period.take care of that first.

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