QUESTION
Can the biological father file for joint custody after signing Stepparent Adoption: Consent and Waiver by Parent?
Asked on Dec 22nd, 2017 on Family Law - Florida
More details to this question:
My sons biological father signed the Stepparent Adoption: Consent and Waiver by Parent form in October 2017 so my husband can adopt my son. My husband has not filed the adoption papers yet due to money, so child support was going after the biological father. Since child support is telling him he has to pay until a judge approves the adoption he decided he wants to file for joint custody. Can he file for joint custody even though he signed his parental rights over and had the paper notarized?
1 ANSWER
An adoption is not final until a Judge signs the Judgment. Typically, the biological father would have to show fraud or duress to revoke a consent. He certainly can file for timesharing with the child (we do not have "custody" in Florida), but it sounds like this is all money motivated. It is true that child support is due until the adoption is final, but you can also advise child support that the father does not own additional funds, and typically then support will not pursue him.
If your husband does want to adopt this child you should have a discussion with the bio-dad and see if you can work this out.
Best of luck,
Cindy S. Vova
Law Offices of Cindy S. Vova, P.A.
Answered on Dec 31st, 2017 at 2:54 PM