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  #1  
Old 01-28-2005, 07:34 PM
bmichel bmichel is offline
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Question Adoption of Stepdaughter. birthmother gone 5 years

I have been married to my husband for 10 year and live in FL. He has had sole custody of his 2 children for the past 5 years. At that time, their birthmother made it known in court she wanted nothing to do with the kids or us. (He fought for custody in NY on grounds of mental and medical abuse), She moved out of state and hasnt had ANY contact wiht the kids since. Letters to the last address we knew 4 years ago are returned marked "return to sender", etc. I want to adopt them but know that her parental rights have to be terminated. I know is it considered abandonment on her part, but what I want to know is..
1) do we have to do a search for her, even though she has abandoned them and we have no idea where she is?
2) Could we attempt to do this kind of adoption on our own without knowing where she is?
3) What would be involved?

"My" daughter and son are 16 and 13 and I have been the only mother they have had for the last 5 years and consider me their "only" mother and I desperately want them to feel like my own by adopting them.

Any info would be great. Thanks! Betty

Last edited by bmichel : 01-28-2005 at 07:37 PM. Reason: change abbreviation
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Old 01-29-2005, 08:07 AM
sharky8mup sharky8mup is offline
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in many states, if you have no address for the biological parent, you can post a notice of adoption in the newspaper of the last known place of residence. if her rights have already been permenately terminated though, you might be able to adopt with just your husband's consent. you may want to try to consult a lawyer or paralegal with these questions, even if you intend to represent yourself. (paralegals cost a whole lot less!)
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Old 01-30-2005, 05:44 AM
Mollyp0p Mollyp0p is offline
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Go here to read the full statute: http://www.flsenate.gov/Statutes/ind...063/ch0063.htm
What you need to do is called Diligent Search, and there are statutes that detail what must be done. (the statute that addresses this is 63.088) Basically it says you have to search via several means detailed in the statute before you can do a newspaper posting.

Good luck!
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