I had my son very young and raised him completely by myself for 3years. His father has no legal rights to him. He has never once contacted him either. Right after he turned 3, I allowed my parents to take my son and raise him while I attended college. During the time my parents asked me to sign some papers for custody giving the reason that they needed legal control to enroll him in school add them to their medical insurance etc. I signed the papers without ever having to go to court. My son was never legally taken from me or anything along those lines. Everything was done on a voulntary basis for the best interest of my son.
It's now three years later and my son is 7. I have finished school, gotten a very good job and have a stable home. My parents are comfotable and confident and know the time is right for my son to come back and live with me and relinquish custody back to me.
My question is how do we go about doing this? Will I have to go to court? Or is it as simple as signing over documents and filing them? I'd appreciate all the help.
Thank You.

I had my son very young and raised him completely by myself for 3years. His father has no legal rights to him. He has never once contacted him either. Right after he turned 3, I allowed my parents to take my son and raise him while I attended college. During the time my parents asked me to sign some papers for custody giving the reason that they needed legal control to enroll him in school add them to their medical insurance etc. I signed the papers without ever having to go to court. My son was never legally taken from me or anything along those lines. Everything was done on a voulntary basis for the best interest of my son.
It's now three years later and my son is 7. I have finished school, gotten a very good job and have a stable home. My parents are comfotable and confident and know the time is right for my son to come back and live with me and relinquish custody back to me.
My question is how do we go about doing this? Will I have to go to court? Or is it as simple as signing over documents and filing them? I'd appreciate all the help.
Thank You.
If everybody is in agreement, this is very simple. Sign the custody modification forms and file them. There is no reason to have to take this to court.

Congratulations on graduating and getting your life together. You have given your son the best gift he could ever ask for...a stable mom who loves him and can take care of him. Good job.

If everybody is in agreement, this is very simple. Sign the custody modification forms and file them. There is no reason to have to take this to court.

Congratulations on graduating and getting your life together. You have given your son the best gift he could ever ask for...a stable mom who loves him and can take care of him. Good job.

Thank you. I appreciate it, Do we do this with a lawyer or get the forms and fill them out and file them with the courts?

Thank you. I appreciate it, Do we do this with a lawyer or get the forms and fill them out and file them with the courts?
You can do it either way. It's what you and your parents feel most comfortable with.

You could just visit the court, maybe even online, and get the forms and File them yourself or if you are uncomfortable with the legalities, hire a para-legal to assist you filling in the forms properly.

Thank You everyone for your help. I appreciate it!

Now this will sound ultra silly...but do you know the actual forms I have to file?

Modification of custody.

Contact your clerk of court and ask exactly what you need. He or she will know what you need to file and how to do so. He or she will not give you legal advise, but will give you the proper procedure to file the papers. You should have no problem.

Modification of custody.

Contact your clerk of court and ask exactly what you need. He or she will know what you need to file and how to do so. He or she will not give you legal advise, but will give you the proper procedure to file the papers. You should have no problem.


Thank You :D

Thank You everyone for your help. I appreciate it!

Now this will sound ultra silly...but do you know the actual forms I have to file?

All of the Florida forms can be found at www.flcourts.org
Click on family law forms.

All of the Florida forms can be found at www.flcourts.org
Click on family law forms.

Ahhhh THANKS SO MUCH!!!!


I was on hold earlier today forever. I appreciate it!

One more quick quetion.....well maybe a couple :)

When I found out that I was pregnant I let his biological father know and long story short he told me I was on my own. He lives in Califonia and at the time was only visiting Florida to see a mutual friend graduate highschool. (Remember I did have my son young). Anyways, when my son was born I did not write his biological father's name on the birth certificate (I left it blank) and I gave my son my last name. I was told by a friend I had to post an ad in HIS HOMETOWN newspaper basically "looking to claim" my son. I never did this. I know when my parents asked for custodial rights, the issue came up but as far as I know since he could not be located so custodial rights were granted to my parens without him.

I'll be honest as bad as this sounds, but I don't know his full legal name. He used his middle name. I know his last name and I know while here in Florida where he was employed. Would have to get a lawyer to access his employment records? This was back in 1998 - 99 that he worked and resied in Florida.

Basically I am looking to make it so legally he has no rights or claims to my son. Partly because I am in a relationship and time has made me think of having the person I marry adopt my son and also because he has made no attempts or efforts to ever contact my son nor be apart of his life.

His biological father has never once met my son, spoken to me or my son since I told him I was pregnant. He has never paid child support and I never filed for such because at the time I chose working two jobs than risk that I might have to fly my son to California or pay for him to come to Florida. I was a bit naive and young so I thought the worst.

So with those facts whether relevant or not, is the only way I can legally take my son's biological father's rights away by tracking him down and getting him to sign over his rights? And if he opts not to do that, go to court and fight him?

One more quick quetion.....well maybe a couple :)

When I found out that I was pregnant I let his biological father know and long story short he told me I was on my own. He lives in Califonia and at the time was only visiting Florida to see a mutual friend graduate highschool. (Remember I did have my son young). Anyways, when my son was born I did not write his biological father's name on the birth certificate (I left it blank) and I gave my son my last name. I was told by a friend I had to post an ad in HIS HOMETOWN newspaper basically "looking to claim" my son. I never did this. I know when my parents asked for custodial rights, the issue came up but as far as I know since he could not be located so custodial rights were granted to my parens without him.

I'll be honest as bad as this sounds, but I don't know his full legal name. He used his middle name. I know his last name and I know while here in Florida where he was employed. Would have to get a lawyer to access his employment records? This was back in 1998 - 99 that he worked and resied in Florida.

Basically I am looking to make it so legally he has no rights or claims to my son. Partly because I am in a relationship and time has made me think of having the person I marry adopt my son and also because he has made no attempts or efforts to ever contact my son nor be apart of his life.

His biological father has never once met my son, spoken to me or my son since I told him I was pregnant. He has never paid child support and I never filed for such because at the time I chose working two jobs than risk that I might have to fly my son to California or pay for him to come to Florida. I was a bit naive and young so I thought the worst.

So with those facts whether relevant or not, is the only way I can legally take my son's biological father's rights away by tracking him down and getting him to sign over his rights? And if he opts not to do that, go to court and fight him?

The father doesn't have any legal rights to terminate. In other words, at this point in time, your son does not have a legal father. For now, you might want to just wait it out. After you have been married for about a year you can file for an adoption. Since there's no legal father all that you'll have to do is to do a "notice by publication" making an attempt to locate and notify the putitive father. If the father doesn't respond a court will then be able to go thru with an adoption. (this is all provided that the laws don't change for the next yr or 2).

So what you are saying is that currently he has no legal father, why? Is it because of the time elapsed or the fact that he is not listed on the birth certificate?

The fact that seven years have passed and you left him off the birth certificate. He would at this point have to establish that he was the father to have any legal rights as a father.

The fact that seven years have passed and you left him off the birth certificate. He would at this point have to establish that he was the father to have any legal rights as a father.

Thank You for your information...

Prove as in he would have to get a paternity test?
I doubt that would ever happen if this much time has passed.

So if I ever want my son to be adopted I would not have to get his father's permission?

Thank You for your information...

Prove as in he would have to get a paternity test?
I doubt that would ever happen if this much time has passed.

So if I ever want my son to be adopted I would not have to get his father's permission?

No, an adoption cannot happen unless you :
Notify the bio father and get his permission, or
Attempt to notify the bio father and with proof of attempt the court can allow the adoption, or
If bio father is notified and refuses to sign, you can ask the court to allow adoption without father's permission.

Send a registered Letter, signature required to the last know address of your childs' father. You are not required to hire an investigator or anything like that to try to find him. In my opinion, if you went before a judge and showed you had sent the letter and really weren't sure of his real name, etc. that he would be likely to grant custody to your husband, after you had been married for a time, usually 2 years shows real intent.

Send a registered Letter, signature required to the last know address of your childs' father. You are not required to hire an investigator or anything like that to try to find him. In my opinion, if you went before a judge and showed you had sent the letter and really weren't sure of his real name, etc. that he would be likely to grant custody to your husband, after you had been married for a time, usually 2 years shows real intent.

That is not correct in Florida. A certified letter isn't going to be enough, the court will require lots of proof of attempts to locate the father. Affidavits of diligent search must be filed, and notices posted in the legal section of newspapers must be done before a Judge can make any ruling at all concerning paternal custody and or adoption. This can all be done after 1 year of marriage.

I am in Florida. We met in Florida, however he is from California. His last known address I know of is in Florida, but I also know he is no longer here. So when attempting to "contact" or establish contact I would have to hire an investigator then in order to obtain a new address?


Affidavits of diligent search must be filed, and notices posted in the legal section of newspapers must be done before a Judge can make any ruling at all concerning paternal custody and or adoption. This can all be done after 1 year of marriage

I believe the courts have already tried attempting contact with my sons biological father. During the proceedings when my parents took temp. guardianship my son's biological father came up. I am not sure what happened because my parents were dealing with it while I was away at school. However, I know that the guardianship was granted without being able to notify his biological father. Does any of this make a difference?

I am in Florida. We met in Florida, however he is from California. His last known address I know of is in Florida, but I also know he is no longer here. So when attempting to "contact" or establish contact I would have to hire an investigator then in order to obtain a new address?




I believe the courts have already tried attempting contact with my sons biological father. During the proceedings when my parents took temp. guardianship my son's biological father came up. I am not sure what happened because my parents were dealing with it while I was away at school. However, I know that the guardianship was granted without being able to notify his biological father. Does any of this make a difference?

No, you aren't legally required to hire an investigator. The law does require that an honest effort be made to locate the father tho. Even if the state tried, you'll have to try again and file an affidavit of diligent search.

Since you aren't married yet, you have plenty of time to get things in order before an adoption petition can begin. Read up on the laws concerning service and adoptions and you can get a 30 minute consult with an attorney by calling the Fl bar referral; service at 1-800-342-8011.