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3 Answers | Asked in Adoption, Child Custody, Child Support, Domestic Violence and Family Law for Florida on
Q: Can my husband adopt my children if I have full custody and their birth father has visitation rights, but hasn't visited since 2022 and is behind on child support?

I have full legal and full physical custody of my children, and their birth father has supervised visitation rights two hours once a month, per a court order. However, he has not used these visits since 2022 and only saw the children once that year. He has expressed objections to someone else... View More

Daniel A Bachert
Daniel A Bachert
answered on Mar 31, 2025

The step parent adoption you are referencing requires the consent of both legal/biological parents, however the court can waive that requirement where it is alleged and proven that the non-consenting parent has abandoned the children, as that term is defined under Florida statues.

The...
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2 Answers | Asked in Child Custody and Family Law for Florida on
Q: Are studio apartment living arrangements adequate for teens in FL custody?

My ex-husband has a studio apartment where our son (14 years old) and daughter (17 years old) stay during weekends and time off from school. We have a 50/50 custody arrangement, but I'm concerned about the adequacy of space and privacy for the children, as they have expressed a desire for... View More

Daniel A Bachert
Daniel A Bachert
answered on Apr 10, 2025

While it may not be the best of living arrangements there is nothing illegal about it as Florida law would only require that the children have a safe and secure residence in which to reside.

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1 Answer | Asked in Child Support and Family Law for Florida on
Q: Options after child support modification denial due to financial hardship.

I requested a child support modification, which was denied despite my financial hardship. Since the initial support order, I've experienced a major pay decrease of 50% as of July 27, 2024, and had a baby on October 27, 2024. Given these changes, what options do I have now to address the denial?

Daniel A Bachert
Daniel A Bachert
answered on Mar 31, 2025

Based upon your question I will assume that you requested a child support modification through the DOR not by filing a Petition for Modification with the Court. To obtain a modification of child support you must allege, within a Petition for Modification filed with the Circuit Court and prove a... View More

1 Answer | Asked in Adoption and Family Law for Florida on
Q: How can I adopt my stepdaughter in Florida?

I want to adopt my stepdaughter in Florida, and her biological father is not listed on her birth certificate. I have been her dad since her first birthday, and she is now almost 11 years old. The biological father has never had contact, and we do not know where he is. I am married to her mother,... View More

Daniel A Bachert
Daniel A Bachert
answered on Mar 31, 2025

Yes, you can adopt your step daughter with her legal/biological mother's and father's consent. However, the court can waive the consent requirement for any parent that has abandoned the child, as that term is defined under Florida Statutes.

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