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Florida Adoption Questions & Answers
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!

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: what do i need to do so that my husband and I can legally raise my best friends baby while her and the dad are in prison
Rand Scott Lieber
Rand Scott Lieber answered on Mar 4, 2021

Both parents need to sign a temporary guardianship agreement designating you as the guardian for the child. Speak to a local family lawyer who can help you with this legal document.

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... Read 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... Read more »

Rand Scott Lieber
Rand Scott Lieber 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... Read 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... Read more »

Rand Scott Lieber
Rand Scott Lieber 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... Read more »

Vanessa Vasquez de Lara
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... Read 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
Rand Scott Lieber 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... Read 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.... Read 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... Read more »

Vanessa Vasquez de Lara
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... Read 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... Read 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... Read 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.... Read 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... Read 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.... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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.

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