What proof can I submit to have parental rights terminated? What's required for step parent adoption?

A step parent adoptions will require the consent of the father. Based upon your post, that doesn't seem likely. To terminate a parents parental rights, you will need to prove the elements of abandonment by CLEAR AND CONVINCING EVIDENCE. Below is the statutory definition of abandonment. 39.01 Definitions.--When used in this chapter, unless the context otherwise requires: (1) "Abandoned" means a situation in which the parent or legal custodian of a child or, in the absence of a parent or legal custodian, the caregiver responsible for the child's welfare, while being able, makes no provision for the child's support and makes no effort to communicate with the child, which situation is sufficient to evince a willful rejection of parental obligations. If the efforts of the parent or legal custodian, or caregiver primarily responsible for the child's welfare, to support and communicate with the child are, in the opinion of the court, only marginal efforts that do not evince a settled purpose to assume all parental duties, the court may declare the child to be abandoned. The term "abandoned" does not include an abandoned newborn infant as described in s. 383.50, a "child in need of services" as defined in chapter 984, or a "family in need of services" as defined in chapter 984. The incarceration of a parent, legal custodian, or caregiver responsible for a child's welfare may support a finding of abandonment. Pleading and proving a legal acton for termination of parental rights is not a DIY proposition. You need competent legal counsel. You can find highly rated family lawyers using the "Find a Lawyer" tab on . Please let us know if these posts are helpful by hitting the helpful button. Good luck.

I have copied the relevant portion of the statute so that you can see what is required. If his parental rights have not been terminated (because of abuse or neglect), then you need his consent. If you cannot obtain his consent you have to show why you should not need his consent with specific facts and circumstances. I do not know if there is enough based on the facts you have posted, but considering that termination of parental rights is an extreme remedy, it is not the easiest thing to obtain. Section 63.809, Florida Statute details the grounds for terminating parental rights pending adoption. According to FL Statute 63.112, these are the requirements: (1) The petition for adoption shall be signed and verified by the petitioner and filed with the clerk of the court and shall state: (a) The date and place of birth of the person to be adopted, if known; (b) The name to be given to the person to be adopted; (c) The date petitioner acquired custody of the minor and the name of the adoption entity placing the minor, if any; (d) The full name, age, and place and duration of residence of the petitioner; (e) The marital status of the petitioner, including the date and place of marriage, if married, and divorces, if applicable to the adoption by a stepparent; (f) A statement that the petitioner is able to provide for the material needs of the child; (g) A description and estimate of the value of any property of the person to be adopted; (h) The case style and date of entry of the judgment terminating parental rights or, if the adoptee is an adult or a minor relative or a stepchild of the petitioner, the address, if known, of any person whose consent to the adoption is required and, if such person has not consented, the facts or circumstances that excuse the lack of consent to justify a termination of parental rights; and (i) The reasons why the petitioner desires to adopt the person.