Legality and Parental rights in adoption
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|Mon, 10-08-2012 - 12:00pm|
I became pregnant, quite unexpectedly, as I was taking birth control. I cannot care for this child as he or she needs and deserves, so I have come to the decision of finding a childless couple to love and care for my baby. But it isn't that simple. The child's father is in prison and is two months into an eight and a half year sentance.
I live in Florida, and he is considered a habitual re-offender as this is his third incarceration for the same offense. I do not want his family to care for my baby as they do not have the financial resources, and I want my child to have a stable home with a mother and a father, not to be passed around among all the family members. His parents have asked for the baby, but they are already providing support for his other two children and sending money to him in prison and can barely pay their bills as it is. I want what's best for the baby, not what's best for them.
I want to know what his parental rights are since he's incarcerated. I know in normal situations, a father can contest the adoption and gain custody of the child as long as he can prove that he can give the child a better home, but obviously, he cannot, sicne he is going to be in prison for the next eight years. I have also read that he can refuse to sign the Termination of Parental rights, but again, since he cannot physically parent the child himself, a judge can sign an involuntary Termination of Parent Rights. I've seen that he would still have the right to visitation, but I know in the state of Florida, in order for him to have visitation, he would have to pay child support, and again, obviously, he cannot.
I don't want this to be some huge battle, and I honestly have no idea how he is going to take the news that I'm expecting, to begin with. I'm guessing his parents will tell him once I've begun the second trimester. I really only want what's best for the baby, and I know it isn't with his family. I'm going to speak with a local adoption agency once they are in their office again, but this is really bothering me and stressing me out.
Does anyone know ANYTHING about the laws in this situation? Please, can someone help me?