Unfortunately, in Florida stepparents have no legal rights in regards to minor children who are not biologically their own, unless the biological mother or father agrees to the step parent adopting the child/children. If you have remarried and desire to have legal rights in connection with your spouse's child or children, adoption is necessary.
As family law attorneys, we agree that it is a wonderful experience to see a "blended" family become even more committed to one another. However, if you want to adopt your spouse's child or children, it is necessary to have the permission of the child/children's biological mother or father, whichever may be the case.
What is Required for Adoption of Step Child in FloridaIn order for a step parent to have legal rights, he or she must proceed with adoption. However, it is not a guarantee that you will be able to adopt a spouse's biological child, as the father/mother must either agree to the adoption, or be served with a petition and fail to respond. Ultimately, when a stepparent's adoption of a child/children is granted, the biological or natural parent's rights are terminated simultaneously. Upon adopting a child/children, you are considered the "legal" family of the child and assume all rights a natural or biological parent has.
The process of adoption can be complex, which is why it is vital you consult with a capable family law attorney. When a biological mother or father is not willing to give up his or her rights in regards to a child even though he or she may not see the child on a regular or frequent basis, the issue can become volatile and even more complicated. Our goal is to resolve your legal matter as efficiently as possible, while always protecting the best interests of the child.
Call Adams & Luka NowWe understand that as a step parent, you feel that you should have certain legal rights in regards to your stepchild or step children; however, we also know that under the law, stepparent's rights do not exist in the state of Florida. Through adoption, you can have the rights you deserve and enjoy a complete and loving family unit. We are ready to help you move in the right direction, and dedicated to compassionate, effective legal representation. Call us now to resolve your issues at 407-872-0303 or 352-357-4084.