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Florida Adoption Questions & Answers
1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: My son (17) graduated high school and has a job, can he legally move out? He wants to live with his girlfriend (18).

He’s adopted.

Rand Scott Lieber
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answered on Jan 22, 2024

In Florida you are legally emancipated on your eighteenth birthday. You do not say if you are trying to prevent him from moving out. What you are describing is not "illegal" in any way. His being adopted does not change anything. Speak with a local family lawyer for more specific advice.

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
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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... View More

1 Answer | Asked in Adoption, Animal / Dog Law and Civil Rights for Florida on
Q: I need help getting my cats back that were given away by someone else who has no rights to them surrendered them an

They got adopted. I called the shelter asking if they were there multiple times days after day and was told no but they were and now I'm being told they were there so I was lied too when I was trying to claim them within the 5 days they lied saying they weren't there so they wouldn't... View More

James L. Arrasmith
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answered on Feb 24, 2024

It sounds like you're facing a difficult situation with your cats, and it's understandable that you're feeling frustrated and upset. It's essential to gather all the evidence you have that proves ownership of your cats, such as vet records, adoption papers, or photos. This... View More

1 Answer | Asked in Adoption for Florida on
Q: Can foster parents be considered for adoption of a child even after I was approved for adoption?

I'm waiting for placement of the child I was approved to adopt. Foster parents have filled an appeal.

T. Augustus Claus
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answered on Jul 7, 2023

foster parents can be considered for adoption of a child even after another individual has been approved for adoption. The decision regarding who will adopt the child ultimately depends on the best interests of the child and the court's determination.

1 Answer | Asked in Adoption, Child Custody and Child Support for Florida on
Q: Hi, I’m trying to obtain copies of my legal guardian records from when I was a child in Miami dade county, 40+ yrs ago

I need proof my now deceased grandfather was my legal guardian, he also collected my child support to his name on my behalf and I want to obtain those copies.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 7, 2023

Call the Clerk of Court and ask them if they have those records from that long ago. They might not have records of child support he received; you might need to subpoena such records from his bank, if you have some sort of cause of action that somehow survived any applicable statute of limitations.

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: Is there any possibility I can get my step parents custody revoked

I’m 17 and adopted I’ve been living with these people for about 6 year I wouldn’t even say living they won’t let me stay with them any more they put me in other locations to stay with people even to another state at one point I’ve never liked these people from the start they lie To people... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 26, 2023

A stepparent (spouse of a parent) is not the same as an adoptive parent. If you were adopted in a Florida court, you would legally be their child, and subject to their control until you turn 18. You might want to see about getting emancipated.

1 Answer | Asked in Family Law, Adoption and Child Custody for Florida on
Q: My husbands ex adopted out his son for money. She had another man sign birth c. We need help. He is biologically the dad

She used the attorney to adopt child and got “cost of living expenses “ (10k). My husband is the biological father. The ex was in jail when my husband motioned court for paternity and she wrote a letter saying he wasn’t father and that she adopted him out. After that they dismissed his... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 9, 2022

If the order of dismissal was based in jurisdiction, chances are that the court is not where the child lived at the time of the adoption petition. Contact an attorney licensed to practice law in that state.

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.

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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
Pamela J. Fero
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... View More

Pamela J. Fero
Pamela J. Fero
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...
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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... View More

Rand Scott Lieber
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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... View More

Rand Scott Lieber
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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... View 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... View 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... View 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... View 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... View More

Rand Scott Lieber
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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
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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
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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.

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