My BF of 5 years just found out his ex wife abandoned their daughter, she is living with maternal aunt. Child lives in Florida aunt is trying to terminate his rights so she can adopt. Other children went to their fathers. My question is can he get his rights taken away or will Fl give him custody, he has not had a relationship with his daughter in years but has mailed money(which we now know ex spent on drugs) but daughter loves dad and wants a relationship. We have mailed a letter contesting and are waiting for a response as we live in Ohio. He does not want to give her up but the aunt is acting real shady and wont even let him soeak to her and told him not to call house. Thanks in advance.
2007-01-23 13:17:34 · 10 answers · asked by Michigan_2006 3 in Family & Relationships ➔ Family
He has made numerous attempts to visit child every time she met a new guy she moved 5 states in last 6 years. Has 3 kids by 3 different dads. We sent letters out and they are scheduling a phone conference for him as we can get to florida in the next week. Anyother answers that can help please.
2007-01-23 13:31:56 · update #1
The Father has first dibs on the child. She is his flesh and blood, and unless the aunt can prove that the father is unfit then I believe the father has ground to stand on.
Good Luck, it may get ugly!
2007-01-23 14:02:27 · answer #1 · answered by Angel 2 · 1⤊ 0⤋
The fact that he has not had contact with her other than sending money will not work in his favor. In this day and age children are no longer awarded to the biological parent just because they are the parent. The court will take into consideration the relationship the Aunt has with the child..and if she can provide a stable home and be finacially responsible. He could lose her. If he is serious about gaining custody of his daughter...he needs to contact a lawyer...and really spend some time becoming a father in more than name only. Good Luck. I hope it works out in the best interest of his daughter. Poor baby has obviously had enough upset in her life.
2007-01-23 13:27:59 · answer #2 · answered by silentscreamer 4 · 1⤊ 0⤋
Sounds like a lot of differenct factors are playin in on this one. At least you already have the contesting of the adoption. Is it contesting an adoption in process, or has the aunt already adopted the daughter? I assume you have a good lawyer familiar with custody laws. I have come across a few good sites that have usual information for you. Each state usually has their own laws, but all have to abide by the country's laws, so these are great starting points for you both. And, any decent lawyer will answer questions you have and show proof if asked. Good luck! You both have a long road ahead, and it could get ugly!
http://www.custodyreform.com/
http://www.law.cornell.edu/wex/index.php/Child_custody
http://www.fathersandfamilies.org/site/infores.php?pagename=issuescustody
http://www.adoptioninstitute.org/policy/putativeOR.html
http://www.adopting.org/independentAdoption.html#birthfather
http://www.americanadoptions.com/adopt/article_view/article_id/2964
I hope these help...some are the actual laws themselves, some are sites explaining certain laws and paternal rights.
2007-01-23 15:36:43 · answer #3 · answered by Midnight Butterfly 4 · 0⤊ 0⤋
Get a Lawyer fast! Some of these proceding can go by really fast! In most cases the father should be able to get his child back! But every case, court, and judge is different! The most important things to do is 1. get a lawyer. 2. document everything.
3. call the courts make sure that they got the letter.
Best of Luck!
2007-01-24 02:31:24 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Well, it would be a good idea to get a lawyer. I know for a fact that parents have more rights to the children than family. If your boyfriend is stable and there is a safe place for the child to go, he should be given custody. Yet, a father who just sends money is not considered a father in today's society. I suggest getting a lawyer and making a special effort.Good Luck!
2007-01-23 13:23:15 · answer #5 · answered by :) 2 · 1⤊ 0⤋
If the divorce did NOT take place in Florida, then he does not have to depend on a Florida court to decide the issue. He needs to contact the court where the custody decision took place, tell the court what has occured and request a change of custody. In the meantime, he needs to go get his daughter. If the mother has abandoned her he has every right to go get her. He needs to go get her first, the court will not look kindly upon him knowing that his ex dumped her and he did not go get her.
2007-01-23 15:49:29 · answer #6 · answered by Bobbie E 3 · 0⤊ 0⤋
I don't think she can get his rights taken away. There's no reason for them to believe he wouldn't be a fit father. She can however get partial custody of the child. It's family rights. Don't worry too much about it. In the end things will work out for you! Good luck. Hope things go greatly for you both.
2007-01-23 14:30:57 · answer #7 · answered by heather l 2 · 0⤊ 0⤋
I would waste no time in hiring an attorney. A letter you wrote is not enough to fight this in court. Expect this to be an expensive roller coaster ride if his heart is really in it. Good luck.
2007-01-23 13:26:06 · answer #8 · answered by Anonymous · 1⤊ 0⤋
children have the right to a roof over their heads, nutrients of their stomachs, a warmth delicate position to sleep and garments on their backs. Step ascertain's have the right to self-discipline step children in accordance to the organic and organic ascertain's plan. they actually have the right to be respected because they're helping to grant each and each of the rights for the toddler. on your grand daughter's case i'd be asking the mummy what the hell she is doing allowing her husband to be abusive to her DAUGHTER.
2016-10-16 00:30:35 · answer #9 · answered by Anonymous · 0⤊ 0⤋
This is a tough one. Fight hard. Make sure you have proof of how hard you are fighting so that later, if this doesn't work out in your favor, you can show her how much you wanted her.
2007-01-23 13:54:42 · answer #10 · answered by Anonymous · 0⤊ 0⤋