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Florida Adoption Questions & Answers
1 Answer | Asked in Adoption, Divorce, Child Custody and Family Law for Florida on
Q: Can my wife, who is on adoption papers, take custody after our divorce?

My wife and I are in the beginning stages of adopting my nephew's son. However, we are getting a divorce, and there are no custody arrangements in place. If the divorce is finalized before the adoption is completed, would my wife, who is on the adoption papers but has no biological relation to... View More

Kunal Mirchandani
Kunal Mirchandani
answered on Jun 17, 2025

Your wife's ability to seek custody depends largely on the timing and status of the adoption.

If the adoption is finalized before your divorce, then both you and your wife will be legal parents of the child—regardless of biological connection. In that case, the family court would...
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2 Answers | Asked in Adoption, Gov & Administrative Law and Family Law for Florida on
Q: How to update my adopted niece's birth certificate with her new name?

I adopted my niece along with my husband in Florida, and we have a final judgment showing her new name. She was born in Puerto Rico, and despite having a certified copy of the adoption judgment, we've been unable to reach the vital records office there to understand how to update her birth... View More

Charles M.  Baron
Charles M. Baron
answered on May 20, 2025

Contact a lawyer who is a member of the P.R. Bar, who practices family law. Other than lawyers in P.R. itself, you likely can find some Fla. lawyers who are members of the P.R. Bar by contacting the Florida Bar Lawyer Referral Service, which you can find at Floridabar.org.

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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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1 Answer | Asked in Adoption and Family Law for Florida on
Q: If my aunt got my child in a open adoption, can she refuse me any and all communication with my daughter?

I was under the understanding I would be able to call, write, minimal visits when I got sober. That was back in 2011-2012. 2014 I got sober and have reached out multiple times through messages and other family members. I have 2 other children now that want to know their sister. Do I have any leg to... View More

Pamela J. Fero
Pamela J. Fero
answered on Sep 25, 2024

Review and check for any explicit terms in the adoption agreement regarding your rights to contact. If you don’t have a copy of this agreement, obtaining one would be crucial. If possible, consider proposing mediation to your aunt. A third-party mediator can help facilitate a discussion and... View More

1 Answer | Asked in Employment Law, Contracts, Adoption and Civil Rights for Florida on
Q: Back in 2002 did an employee from DCF have the authority or jurisdiction to preform the CPI aspect,in Polk,Fl.?

Does an employee of DCF or it's CBC entity have authority to do the performance of CPI investigations and the removing children without a warrant,to never allowing reunification.Acting as a fill in.In 2002

James L. Arrasmith
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answered on Mar 29, 2024

In 2002, employees of the Department of Children and Families (DCF) in Florida, including those in Polk County, were indeed involved in child protective investigations (CPI). These investigations are a critical part of the efforts to ensure the safety and well-being of children. The DCF, along with... View More

1 Answer | Asked in Adoption, Criminal Law, Family Law and Federal Crimes for Florida on
Q: How can I prove adoption fraud?

I'm not even certain its considered adoption fraud or something else however proper protocol was not followed & lies used.

This was a dependency case turned termination of parental rights/adoption. I asked the court & case manager to perform a family finding a provision to... View More

James L. Arrasmith
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answered on Mar 28, 2024

To address concerns of adoption fraud or misconduct in a dependency case, it’s crucial to gather all relevant documentation and evidence. This includes correspondence with case management, court documents, and any records of communication between family members and case management. Documentation... View More

1 Answer | Asked in Adoption, Civil Rights, Constitutional Law and Criminal Law for Florida on
Q: To what entities do I need to make a complaint to regaurding violations of civil rights,due process?

I've made complaints with the Attorney General,DOJ civil rights,DHHS,County Commissioners,DCF.I was reverted back to DHHS,now this as I understand it is this is the main entity to CPS & DCF and entities,so how can I expect to get a fair investigation or judicial review of their own... View More

James L. Arrasmith
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answered on Mar 25, 2024

If you're dealing with violations of civil rights or due process, it can indeed be frustrating if you feel the entities supposed to help are not addressing your concerns adequately. It's important to remember that there are multiple avenues for complaints and advocacy, though navigating... View More

2 Answers | Asked in Immigration Law, Family Law and Adoption for Florida on
Q: My nephew over stayed his ESTA visa by 8yrs. He is now 16yo, i want to adopt him. He’s been living with me for 4 years,

I have my residential lease from company listing him as joint resident with me. I am divorced. Can I adopt him so he can stay and continue his education?

James L. Arrasmith
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answered on Mar 4, 2024

Adopting your nephew, given his current situation of having overstayed his ESTA visa by a significant amount of time, involves navigating complex legal territory. It's crucial to understand that adoption laws vary by state and can be influenced by the specifics of the individual's... View More

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2 Answers | Asked in Immigration Law, Family Law and Adoption for Florida on
Q: My nephew over stayed his ESTA visa by 8yrs. He is now 16yo, i want to adopt him. He’s been living with me for 4 years,

I have my residential lease from company listing him as joint resident with me. I am divorced. Can I adopt him so he can stay and continue his education?

Ghenadie Rusu
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answered on Mar 4, 2024

I recommend consulting with an immigration attorney to determine if your nephew qualifies for Special Immigrant Juvenile Status (SIJS). This status provides a pathway to legal residency in the United States for children who have been abandoned, abused, or neglected by one or both parents.... View More

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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, 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
Rand Scott Lieber
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 Adoption and Family Law for Florida on
Q: How to proceed after filing a petition to unseal adoption documents in Broward County, FL?

I filed a petition online to unseal adoption documents in Broward County, Florida, through the clerk of courts. The court completed the petition process on 6/6/2025. What steps should I take next to receive the answer or decision regarding my petition?

James L. Arrasmith
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answered on Jun 12, 2025

Now that your petition has been processed, you'll need to wait for the court to schedule a hearing or issue a written decision on your request. In Broward County, judges typically review sealed adoption petitions within 30-60 days of filing, though complex cases may take longer. Check your... View More

1 Answer | Asked in Adoption and Family Law for Florida on
Q: How to proceed with adoption from permanent guardianship in Florida when biological parents are absent?

I have been the permanent guardian of a child since birth, and I now wish to adopt. The child is currently 4 years old. The biological mother is absent and cannot be located, and the biological father is occasionally present. How can I proceed with the adoption under these circumstances?

James L. Arrasmith
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answered on Jun 11, 2025

You start by filing an adoption petition in the same circuit court where your guardianship was granted, noting that you’ve held permanent guardianship since the child’s birth. In that petition you’ll list yourself as petitioner, attach your guardianship order, and explain that the mother is... View More

1 Answer | Asked in Adoption, Civil Litigation, Civil Rights and Family Law for Florida on
Q: Seeking info on the validity of a coercion claim in FL adoption case.

I am seeking to determine the validity of a coercion claim in an adoption case in Florida. About a month ago, I was coerced into giving up my child for adoption under threats that Child Protective Services would be called if I questioned the process. This coercion was not from law enforcement or... View More

James L. Arrasmith
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answered on Jun 11, 2025

You may have a path to challenge the adoption if you can prove that you signed under duress or undue influence by hospital or agency staff. In Florida, a final judgment can sometimes be set aside if you file a motion under the civil-procedure rules for relief from judgment based on fraud,... View More

1 Answer | Asked in Adoption and Family Law for Florida on
Q: How to establish legal custody/adoption after biological parent's abandonment?

In March 2016, I became the temporary guardian of a 6-month-old baby through an affidavit where the expiration date was mistakenly set to 1970 due to a printing error. The biological mother contacted me initially but hasn't reached out for almost 5 years, and I've only texted her... View More

James L. Arrasmith
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answered on May 14, 2025

You're doing everything you can to care for a child who clearly sees you as their parent, and that love and commitment should be recognized. Even though the affidavit had a printing error and legal aid has been limited, your efforts for nearly a decade speak louder than any piece of paper.... View More

1 Answer | Asked in Adoption and Family Law for Florida on
Q: Adoption in Florida by a US citizen living abroad

I am a US citizen living and working in Morocco, but I own a condo in Florida that serves as my permanent residence. Can I adopt an infant domestically in Florida despite not having official residency but spending the majority of the year outside the US?

James L. Arrasmith
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answered on May 14, 2025

You're asking a very important question, and it's clear that your heart is in the right place. In Florida, adoption laws generally require that the adoptive parent be a resident of the state. Even though you own property there, residency is usually defined by where you physically live and... 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.

1 Answer | Asked in Family Law and Adoption for Florida on
Q: Is there help for an adult who is looking to get a dna test done on their self?

I am looking to get a dna test done on myself and a possible sibling. I am 34 yrs old and was raised by a foster mother.

Rand Scott Lieber
Rand Scott Lieber
answered on Dec 16, 2024

There are private businesses that do DNA testing as long as the participants are willing.

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.

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