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Florida Adoption Questions & Answers
1 Answer | Asked in Adoption and Family Law for Florida on
Q: My family and I had to move to TX in the middle of an adoption process starting in FL. Do we have to start all over?

I am adopting my wife's 5 year old. We already have a daughter together. Mom is the only one that's ever had rights. The biological father has signed over his rights, isn't on the birth certificate, and there is no custody agreement. Can we finish the Florida adoption with a new Texas address?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 4, 2022

Yes, you should be able to. You haven't indicated if you have an attorney representing you; if so ask the attorney. If not, contact the judge's judicial assistant about scheduling a hearing, perhaps on Zoom.

1 Answer | Asked in Adoption and Family Law for Florida on
Q: Can a grandfather sue for visitation of a child in FL who has been legally adopted by someone else?

Bio mother is deceased. Bio dad allowed adoption to take place. I took custody of my non-bio granddaughter and then adopted her. Grandfather is becoming increasingly mentally unstable and has threatened court even though I allow him to see his granddaughter quite often. There may come a time when... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 17, 2022

Pursuant to Florida law grandparents have no direct legal right to timesharing with a grandchild.

1 Answer | Asked in Adoption and Family Law for Florida on
Q: If a father has been absent for almost a year & isn’t on child’s birth certificate is his consent needed for adoption?

Stepparent adoption

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 16, 2022

In Florida, an unwed mother has full rights to a child unless or until the father comes forward to assert his legal rights through paternity. That being said, you need to speak to a local adoption attorney for more specific advice as this can be a more complicated issue.

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: Can someone in the care of an unrelated child for 2 years sue when biological parent returns to claim the child?

My child has been staying with an unrelated caregiver for a couple of years now. I wish to go pick the child up. No court documents have been filed and everything is still in my name. Can the person caring for the child retaliate in some way even though they have no legal rights to the child?

Rand Scott Lieber
Rand Scott Lieber
answered on Feb 14, 2022

This is a complicated legal issue that you should discuss directly with a local family/ adoption attorney. If they are living in a different state then that other state's laws may apply as well.

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: I have temporary custody of one niece, her 3 sisters are in foster care.sibling visit ordered, fosters not complying

Fosters want to adopt 3siblings and stop all visitation. They are 9,7,7,6yrs old.. everything I read goes against cutting sibling ties, do I file contempt? Will the respondent be the foster agency or foster parents?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 25, 2021

Sure.

2 Answers | Asked in Family Law and Adoption for Florida on
Q: Can my boyfriend of 8 years adopt my daughter who is 9, if we're not married and her biological father consents?

I have a 9 year old daughter that my boyfriend has been helping me raise since she was almost 2 years old. Her biological father hasn't really been present in her life for the past 4 years. He isn't on child support, he doesn't help provide for her, and rarely contacts her. Without... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 19, 2021

The biological father would need to cooperate and terminate his parental rights. You should consult with a local adoption attorney as this is possible but can be a complicated process.

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2 Answers | Asked in Estate Planning, Family Law, Real Estate Law and Adoption for Florida on
Q: I was adopted by my grandparents my blood mother was always in the picture she died unexpectedly mo will am I entitled
Phillip William Gunthert
Phillip William Gunthert
answered on Oct 11, 2021

I am sorry for your loss on the passing of your mom, please accept my condolences. The answer to your questions is generally yes if you were named in a Will or Trust or if the estate was intestate (without a Will) then you can reference Florida Statute 732.108 (c) Adoption of a child by a close... Read more »

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1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Florida on
Q: At home insemination Via sperm donor

I will soon be having a baby through at home insemination Via sperm donor. Me and the sperm donor agreed to sign his Rights away. How do I go about this? And how do I get a contract. Also would that paper work hold up in court if it came down to it? I’m not familiar with Florida law bc I’m not... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 1, 2021

I'm amused by your description of old fashioned copulation. Whether an agreement to waive paternal rights may or may not hold up in court.

And, as to the paperwork being signed by a same-sex couple, I assume both partners are women, one of them being the birth mother and the other...
Read more »

1 Answer | Asked in Family Law, Adoption and Child Custody for Florida on
Q: So what forms do I need to terminate my ex's parental rights over our two children? My ex is for this!

My ex is in prison he has been there for a few years and will remain there for many more years the children will be in their late teens/adults when he gets out. He was never really involved in their life beforehand and is all for terminating his rights and allowing my husband to adopt children! My... Read more »

Camila Martin
PREMIUM
Camila Martin
answered on Jul 29, 2021

You should consult with an attorney to determine if a Step-Parent Adoption can be done in your case. If you and the biological Father are in agreement with your husband adopting the children, there should not be any major issues with the adoption process.

DISCLAIMER: The answer provided...
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1 Answer | Asked in Adoption, Child Custody, Child Support and Family Law for Florida on
Q: Can I petition for custody of my grandson? Or at least try to get visitations established thru the court?

I had been raising my 6 1/2 grandson all his life. 100% by myself for the past 5 years with no help from his mother(my daughter) or his dad. 3 weeks ago his father showed up with his name finally on the B.C. & they also called DCF making outrageous false allegations concerning my 16yo son. The... Read more »

Camila Martin
PREMIUM
Camila Martin
answered on Jul 29, 2021

You should consult with an attorney that can assist you after getting more information on your particular case. You could file a Petition for Temporary Custody by Extended Family in Family Court where a Judge will make a determination on whether or not it is in the child's best interest that... Read more »

2 Answers | Asked in Adoption, Child Custody and Divorce for Florida on
Q: Uncontested Divorce trying to be civil how to give step parent visitation without allowing them to adopt the child

Oldest child isnt biological the step parents kid. He has been going with his brothers since we split during timesharing with mom how to write that into paperwork without allowing him to be legally adopted his real mom abandoned him 11 years ago but is still on birth certificate I have paperwork... Read more »

Opal Phiona Lee
PREMIUM
Opal Phiona Lee
answered on Jul 28, 2021

Permitting the step-parent timesharing wouldn't be causing the the person to legally adopt - an adoption process would need to be initiated. However, you may be entering into an agreement/contract to give a person rights they may not otherwise have. As such, I strongly suggest you schedule a... Read more »

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2 Answers | Asked in Adoption, Child Custody and Family Law for Florida on
Q: Is it possible for a grandparent to get custody of grandchild if for 6 years they were the ones taking caring him?

I have a 6 1/2 yo grandson I have been caring for and supporting all his life. About 3 weeks ago his father showed up to my door with DCF and with his birth certificate. I was told I had to let him go with his father even though the child doesnt even know him. For the past 3 weeks I have been... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Jul 28, 2021

In family court (sounds like paternity in your case) there are no provisions for grandparent visitation. The only way that you might be able to pursue this is through dependency court. Look for a family attorney who specializes in dependency in your area that might give you a free or low cost... Read more »

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1 Answer | Asked in Family Law and Adoption for Florida on
Q: I was born in PR and Adopted in NY. Where can i obtain my original birth cert w/ my birth parents on it?

I am taking a trip to Puerto Rico. Is there an office in San Juan that i can obtain my original birth cert w/ my birth parents name on it?

Linda Liang
Linda Liang
answered on May 21, 2021

The Government of Puerto Rico has partnered with document provider VitalChek to provide an expedited method for ordering new birth certificates. To apply through this method please visit: www.vitalchek.com. Vital Check also offers a bilingual call center available 24 hours a day, seven days a week.

2 Answers | Asked in Adoption, Family Law and Tax Law for Florida on
Q: If you had a child that was adopted are you allowed to have the original copy being the biological parent

I have my son adopted in November of court issues I'm trying to attain a copy of my son's birth certificate to show the IRS that I had my son for the first part of the year how do I go about doing that

Linda Liang
Linda Liang
answered on May 17, 2021

Contact the Bureau of Vital Statistics. They offer walk-in or mail-in services. To save time, download and complete the forms you need. The Bureau of Vital Statistics may be reached at (904) 359-6900, ext. 9000.

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1 Answer | Asked in Military Law, Adoption and Child Custody for Florida on
Q: My wife is a disabled veteran and has 9 year old daughter. We are looking to try for me to adopt her

The father has not been in her life since she was 1, and has had no contact nor attempted to contact her. I understand that these kind of adoption can cost quite a bit, and given my wife's disability, we don't have that kind of extra money. So I'm asking if there are any pro bono... Read more »

Tami Lane Augen
Tami Lane Augen
answered on May 11, 2021

You can actually do this without an attorney if you are unable to locate a pro bono attorney. Here is the link to the forms from the Florida Courts website:... Read more »

1 Answer | Asked in Family Law and Adoption for Florida on
Q: What happens is an Attorney is refusing to sign the Affidavit of expenses and receipts?
Tami Lane Augen
Tami Lane Augen
answered on May 11, 2021

It is unclear what you are asking. If you can clarify your question, it may be possible that you will receive answers. Best of luck.

1 Answer | Asked in Adoption and Child Custody for Florida on
Q: Since his time sharing petition was opened first does that override the step parent adoption.

My ex petitioned the court for time sharing at the end of Jan/Feb 2020 (to avoid child support in my opinion) in March of 2020 my husband and I petitioned the court for TPR and Step Parent adoption (Ex hasn’t seen child in 5 years and the child is 6yrs old) In Aug 2020 our petition was granted... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 22, 2021

If the TPR and adoption have already been granted then you need to provide that final order to the court that is addressing the timesharing issue. You should speak with a local family lawyer to make sure that it is handled properly.

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Florida on
Q: MY children and I lived in Florida and the inlaws took them to TN and refused to return. Do I need a FL or Tn lawyer?

Is there any way to get the case brought to Fl? If so how? How do I know what lawyer to get? They are trying to adopt them and I want my babies back home asap!

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 15, 2021

If the children have been out of Florida for less than six months, you would sue in Florida for custody. It is unclear what in-laws took them to Tennessee and are trying to adopt them; the parents of the children's other parent?

1 Answer | Asked in Adoption for Florida on
Q: Hello! We are gay female couple with a kid and looking for a second parenting adoption consultation.

Could you please provide us with this information if possible?

Deborah Annette Carroll
Deborah Annette Carroll
answered on Mar 7, 2021

I'd love to provide you with a free consultation. Please contact my office at 863-937-9100 and my assistant will set up a time for us to talk. I look forward to it!

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