Lawyers, Answer Questions  & Get Points Log In
Florida Adoption Questions & Answers
1 Answer | Asked in Family Law and Adoption for Florida on
Q: My daughter was born in Illinois but my husband adopted her now that we live in Florida. She is an adult.

The adoption is final. Our lawyer is no longer practicing. How do we get amended birth certificate? Thank you

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 22, 2022

The first question is did you amend the birth certificate at the time of adoption. If yes, just request a new copy. If no, you will need to go to court in the state that issued the birth certificate. Speak with a local family lawyer in that jurisdiction (location) for more specific advice on what... Read more »

2 Answers | Asked in Adoption for Florida on
Q: I would like to adopt my first cousin’s daughter (my second cousin) who I have guardianship of. Is this possible?

I’m interested in kinship adoption if that is an option.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 17, 2022

A child of your first cousin (grandchild of your grandparents other than you or your siblings) would be your first cousin once removed (Your second cousins would be descendants of your great-grandparents.), but yes, it's possible to adopt her.

View More Answers

1 Answer | Asked in Adoption and Family Law for Florida on
Q: My son was adopted by a family friend 12 years ago and I just found out it was fake and fraudulent the entire time

When DCF came to me out of nowhere and asked if I can take him cause the family that has him cant handle him. I have the adoption papers as well. I haven't seen my son since he was 1yrs old. I could've had my son this entire time.

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Oct 11, 2022

Contact a lawyer as soon as possible to know if you can still move to reverse the adoption.

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: Husband wants to adopt my child whose biological father is no where to be found. What can I do?

Living in Florida. I have a child that is not my ex husband's, but the child has his name by default ( as he did not physically sign the birth certificate) been divorced since the child's birth...and we've been out of communication ever since. Fast foward 10yrs, my now husband wants... Read more »

Pamela J. Fero Esq.
PREMIUM
Pamela J. Fero Esq.
answered on Oct 11, 2022

Florida’s adoption law requires that the consent of both parents be given before a court can make an adoption final.

If one parent does not consent to the adoption, the court will only make the adoption final if it finds that:

✅ The non-consenting parent is unfit

There...
Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Florida on
Q: Im pretty sure the documents are through the court originally. When the mother got a few years sentence.

The court ordered DNA when she wanted child support money. He is still not on birth certificate, but now 13 years later and his sentence is 40 years. His half sister found him in prison when their father died. Didn't even know of each other. Now she has hired him a lawyer in prison and he... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Jul 21, 2022

If the father is in prison for 40 years then I am not sure that I understand your concern. Please speak to a local family lawyer that specializes in dependency for more specific advice.

1 Answer | Asked in Adoption and Child Custody for Florida on
Q: Hello, my husband and i were given legal guardianship. It is only notarized. How do i know if it is through the court?

The biological mother was in and out of jail throughout the minor childs life. The grandparents were given guardianship, since then the mother has passed , the minor child has lived with us 5 years now. Her parental father has been incarcerated her whole life. He got over a 40 year sentence. Now he... Read more »

Rand Scott Lieber
Rand Scott Lieber
answered on Jul 21, 2022

You need to look at whatever documents gave you guardianship. This is a specialized area of law. You should look for a consultation with a local attorney that does dependency. In general, the legal standard that the court follows is what is in the best interests of the child. It sounds like you are... Read more »

1 Answer | Asked in Adoption for Florida on
Q: Do I need the biological father’s consent if his name isn’t on the birth certificate & hasn’t made contact in 4 years?

My husband wants to adopt my son. We have been married for 7 years and my son’s biological father isn’t on his birth certificate, has never met him, hasn’t made contact in over 4 years, and has never paid child support. My son is 9 years old now. When we asked for the biological father to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 5, 2022

The court may find that the consent of the biological father is not required, but you have to give him notice of the adoption petition.

1 Answer | Asked in Adoption and Family Law for Florida on
Q: NC allows for dissolution of adoptions. I have been trying to figure out for 20 years how to be reunited with family

I have changed my name but I want my original birth record and baptismal cert with my family name. The adoption did not work out. Now everyone is dead mom step and dad. For emotional and mental reasons to die knowing I have been reunited with my family with my true Id returned to me. Can someone... Read more »

Charles M.  Baron
Charles M. Baron
answered on Jun 16, 2022

If you are looking for advice on how to find your biological parents or their relatives, this is the wrong forum for that - it's not a legal issue. Look for organizations that help people with that issue. If you locate your biological parents and wish to be adopted by them, and they are... Read more »

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.

View More Answers

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 »

View More Answers

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...
Read more »

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 »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.