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Florida Adoption Questions & Answers
1 Answer | Asked in Adoption and Family Law for Florida on
Q: How do we get children back after grandparents adoption we were not aware of? Grandma always said it was a guardianship.

My husband's mother has a grandparents adoption his mother asked him to sign a "guardianship" for both boys so that she could care for them while he was medically incapacitated. *now at this time my husband was a single dad, the mom of both boys terminated her parental rights to not... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 13, 2021

Your husband needs to obtain the services of an attorney to consider suing for custody. It's not clear whether the "guardianship" paper he signed pertained to a court adoption petition or simply was a relatively meaningless piece of paper.

1 Answer | Asked in Adoption, Child Custody and Domestic Violence for Florida on
Q: I have a child from an unmarried relationship and my husband and I would like for him to be able to adopt her.

The father on the birth certificate has not seen her since her first birthday. Has not provided any financial support since her birth and only tries to contact me on her birthday every year and she is now five. He is already involved in another custody case with his wife who is trying to get a... View More

Rand Scott Lieber
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answered on Jan 21, 2021

You must address the biological father's rights one way or another. The easier way id for the bio father to consent to the adoption. The more difficult way is for you to go to court to terminate bio father's parental rights. One of those two things must happen to facilitate the adoption... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: Me and my ex are currently living together and we have a child. She also has 2 other children who I have raised for the

- past 7 years. Their fathers have nothing to do with them and they even think I am their father. She is very unstable and has even almost physically hurt the children before and even told me that if I wasnt there to stop it she might have really thg hurt her 6 year old one day. I've only... View More

Rand Scott Lieber
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answered on Jan 13, 2021

I am assuming that you are in Florida. If not then you need to ask this question of a Louisiana attorney. For your child, you need to file a Petition for Paternity to protect your rights. For the other children, since you are not married to the mother you really have no legal rights.

1 Answer | Asked in Adoption and Family Law for Florida on
Q: My sons father passed away 5yrs ago and he wants my husband to adopt him but he has questions.

My son wants my new husband to adopt him but he wants to know if they have to seal his birth certificate with his biological dad on it or if we can leave that open and do another amended one with his adopted dad? Also, if he can keep his last name and just add my husbands last name as well. When I... View More

Vanessa Vasquez de Lara
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Vanessa Vasquez de Lara
answered on Dec 29, 2020

If your husband, the step-father, adopts your son the birth certificate would be changed from his biological father to his new father. I've never seen a process where he could have 2 fathers, one deceased and one alive. The birth certificate is a legal document, so it does not change the... View More

1 Answer | Asked in Family Law and Adoption for Florida on
Q: I just found out my ex gave my daughter up for adoption, without my knowledge or consent. I'm the biological father

She broke up with me and completely shut me out of her life..she did not get an abortion done and ended up giving the baby up for adoption..this was almost 4 years ago..and I just found out today that I have a daughter who I didnt even know existed....

Rand Scott Lieber
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answered on Dec 7, 2020

Unfortunately if the adoption was four years ago there is probably nothing that can be done now. The courts will always look at what is best for the child and taking a child away from the family that it has known for four years is not in the child's best interest. Your remedy was to go to... View More

1 Answer | Asked in Family Law and Adoption for Florida on
Q: My son wants to present his stepdad with papers to petition for him to adopt him for Christmas. Where can I get them

I’m his biological mother and his father is deceased since 2015. I do have the death certificate. My son is 17 and has asked me to help with this. I’m willing to give my consent. I just need the paperwork for him to petition and don’t know where to find it without him knowing until Christmas.... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Dec 2, 2020

Google petition for adoption in Florida.

1 Answer | Asked in Adoption and Family Law for Florida on
Q: My sons bio dad is not on the birth cert and no contact in 3 years. Can my fiancee adopt him without involving the bio?

My sons biological father is not on the birth certificate and paternity has never been established. My son is about to be 6. Bio dad (an incarcerated violent felon) has not seen him since he was 6 months old and has made no effort to contact is in the last 3 years. Can my fiancee, who has been in... View More

Vanessa Vasquez de Lara
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Vanessa Vasquez de Lara
answered on Nov 18, 2020

Yes! You need to do a step-parent adoption which includes checking if the biological father registered himself in the Florida putative father registry. If he didn't, which most men do not do, then there is no need for consent from him. His rights would be terminated in the adoption. But you... View More

1 Answer | Asked in Adoption and Family Law for Florida on
Q: Can my fiancee adopt my son without us involing the biological father?

My son is 5, 6 in 3 weeks. I met my fiancee when he was 2. The bio dad never established paternity, is not on the birth certificate and has been incarcerated as a violent felon since my son was 6 months old. I have had restraing orders against him. He has not tried to contact us in over 3 years. My... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Nov 12, 2020

No; you have to give the biological father notice of the adoption proceeding.

1 Answer | Asked in Adoption for Florida on
Q: Can we file termination due to abandonment and step parent adoption ( involuntary)

We lived in Texas for one year prior to relocating to Florida. My ex husband had 5 visits for 24 hour periods during the year ( his choice). After relocating, he has FaceTimed twice in the past year- once for 10 minutes thanksgiving and for 10 minutes three days ago. The child in question is now... View More

Deborah Annette Carroll
Deborah Annette Carroll
answered on Oct 22, 2020

Thank you for your inquiry. The first issue I see is that you may have a jurisdictional issue that will have to be addressed before any adoption proceedings could move forward. If there were any court orders in Texas involving this child, it is likely that jurisdiction was retained in Texas.... View More

1 Answer | Asked in Adoption for Florida on
Q: Can the unmarried father get custody 4 years after the mother got custody taken away and the child adopted by others

The mother got her rights taken away and said the knew who the father was. He said he wasn't the father. The child was adopted to her grandparents by the state of Florida now 4 years later the mom is saying she knows the dad was someone else and he lives in another state and is going to get... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 14, 2020

If the child was adopted four years ago, the adoption is final. It is extremely doubtful that the man, even if he is the biological father, could get the adoption set aside at this late date. It appears that the biological mother is grasping at straws in an attempt to somehow get her child back.... View More

1 Answer | Asked in Adoption for Florida on
Q: Is it legal for Drs offices to demand court records years after adoption.

Our adoption was finalized in 2013. New birth certificate, name change, social security updated etc. Case is closed we are legally her parents. Last new patient apt we walked away from after the nurse demanded the final court order Wich I don't carry and it's the only time iv ever been... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 8, 2020

They ask this, evidently, because the information is needed to properly treat the child. Some diseases are genetic, and it makes sense that they would ask for information about the biological parents. Note that the HIPAA rules would probably require your consent to actually tell the biological... View More

1 Answer | Asked in Adoption for Florida on
Q: i was adopted and kicked out at 17, is this legal and if not, would i have grounds to sue ?

i was adopted in 2007, kicked out at age 17 by my step father and his girlfriend. what legal action would i be able to take against him for this ? isn’t it illegal to kick out your adopted child ?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 11, 2020

If he's your adoptive father, he's not your stepfather; he's your father. in any case, the legal parents have the duty to support their children (including adopted children, if any) until the children reach majority (age 18).

1 Answer | Asked in Family Law, Adoption, Child Custody and Civil Rights for Florida on
Q: I have an open dcf case that isnt going good in florida and im pregnant again. My case worker is agaisnt me big time,

Im ready to throw in the towel and give my rights up to my current dcf case ( family first network ), meanwhile me and my current boyfriend live together and thats who im pregnant for now. I want to know if theres a way to give my rights up to him to the baby im carrying now at the hospital without... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 23, 2020

Ask your public defender these questions.

1 Answer | Asked in Adoption for Florida on
Q: How can my husband adopt my adult daughter. We live in FL. She lives in NC. Her biological father is deceased.

My daughter is legally married, but not living with her husband. Not divorced.

Deborah Annette Carroll
Deborah Annette Carroll
answered on Apr 3, 2020

Adult adoptions are quite common. A petition for adult adoption is filed by your husband along with your consent as the spouse and the consent of your adult daughter. Since she is married, her spouse will also have to sign a consent or a case made to the court that he is unreasonably withholding... View More

2 Answers | Asked in Adoption, Child Custody, Child Support and Family Law for Florida on
Q: I received two letters. In shock. First letter states F.S. 742.021(2). Second support. Meaning?

I know nothing about a child conceived 12yrs ago

Jean Richardson
Jean Richardson
answered on Mar 17, 2020

742.021(2) has to do with determination of paternity. Without seeing the letters, I'm assuming someone is claiming you are the biological father of a child and you are being sued for child support.

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1 Answer | Asked in Adoption and Family Law for Florida on
Q: Does my fiancé have to adopt my daughter before we can change her last name to his? He’s taken care of her since age 2.

My daughter has her biological father last name but he was charged with child abuse and neglect against my daughter when she was 18 months so he hasn’t been in her life since then my current fiancé has been helping me take care of her since she was 2 years old and she told us she wants his last... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Feb 15, 2020

Seeking a name change and seeking to adopt are two very different things. Call a family lawyer and ask for assistance.

1 Answer | Asked in Adoption, Child Custody and Child Support for Florida on
Q: Is there any legal document I can provide to my girlfriend that gives her full authority over our child?

Me and my girlfriend live in Florida. She is divorced but kept her ex husband's last name. We are expecting and she wants the child to have her last name. I understand her concern, we have seen other mothers struggle to give their child a better life because the dad wouldn't consent (even... View More

Rand Scott Lieber
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answered on Feb 3, 2020

If the two of you are not married, unless you file a paternity action she has 100% rights to the child. Putting your name on the birth certificate will not change that.

1 Answer | Asked in Family Law, Adoption, Civil Rights and Constitutional Law for Florida on
Q: I want to keep my unborn baby out of the system. I have three kids i just had a tpr on... Can i sign baby over to dad?

Im in florida. The father has no criminal history and makes great money and dorsnt do drugs. Cant i just sign the baby over before ots born to avoid it going into the system?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jan 22, 2020

Since you are not married the best thing to do before the baby is born is to make sure the father agrees to claim the baby is his and have the hospital or doctor put his name on the birth certificate. Then you can start proceedings to turn the child over to their legal father.

1 Answer | Asked in Family Law, Adoption, Child Custody and Child Support for Florida on
Q: Can my father and fathers girlfriend file abandonment against me if we had signed and notarized temporary guardianship?

I originally was in the home with my son at my fathers. But he accused me of being high after my aunt whom raised me and was super close to me passed away. He smacked me in front of my son and threw me out and wouldn't let me take my son with me. Later that day he let me back in and well we... View More

Madeline Pichardo-Riestra
Madeline Pichardo-Riestra
answered on Jan 15, 2020

Taking a parent's right is not as easy as it sounds, but it is a serious and complicated matter. If the hearing is in Florida, I suggest that you consult and hire a family law attorney who will be able to help you.

1 Answer | Asked in Adoption and Child Custody for Florida on
Q: Can my husband adopt my daughter without the noncustodial parents consent if I have sole physical and legal custody?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 25, 2019

Perhaps. There are exceptions to the consent requirement that may apply. Check with an attorney.

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