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Florida Adoption Questions & Answers
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.

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... Read more »

Rand Scott Lieber
Rand Scott Lieber 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... Read 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.

1 Answer | Asked in Adoption and Family Law for Florida on
Q: I want to change my middle and last name into my marriage certificate.

My wife and i got married for almost 11 months in Indiana south bend. But before that my step father filed for my adoption and i just got recieved my birth certificate last week now the thing is i want to change my marriage certificate last name.

Terrence H Thorgaard
Terrence H Thorgaard answered on Dec 6, 2019

You should have asked that your marriage license, and the resulting marriage certificate gave your adoptive last name. It's probably too late to change the marriage certificate; but ask the county clerk who issued the marriage license if it can be done.

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: can siblings take custody

My cousin D is under 16 his mom passed and his dad passed some years ago. So he’s an orphan. His mom remarried and D lived with his mom an stepdad. Would my cousin D get a survivors benefit or something similar to that? My dad mentioned this to me but I don’t remember the specific name. If my... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 30, 2019

D's adult brother, you his cousin, or any other person (such as the stepfather) might petition the courts for custody. You should consult with a family law attorney for details.

1 Answer | Asked in Civil Litigation, Family Law, Adoption and Child Support for Florida on
Q: Need help with FL law in regards to child support termination via adoption. Father wants to sign over his rights.

Mother has full custody and is remarried. Father has already established paternity but lives in NH.

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Nov 21, 2019

If the Father is willing to consent to a step-parent adoption, then it is a relatively simple matter to have the child adopted by the step-father and the Father's rights terminated. If, on the other hand, the Father wishes to terminate his rights and leave the child fatherless, this is... Read more »

1 Answer | Asked in Adoption, Estate Planning and Probate for Florida on
Q: recently connected to biological father. my name was changed at a young age, he wants to add me to his will, how to?

he will not add me using my name, currently use. asked me to change name back to birth name, which I will not do(40 years of current name). would I need my original birth certificate in order to obtain the benefits of his will/estate? both my mother and adoptive father(whose name I took) are... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 6, 2019

Getting a copy of your birth certificate will not help. Unless you are listed in your biological father's current will as a beneficiary, and unless the will is probated, you will not be able to get anything from his estate after he dies.

1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Florida on
Q: What can I do?

I have been trying to get custody of my 2 year old niece since July 2019, I have done everything as far as background check, home inspection, drug test and weekly visits. Even though I am her paternal aunt the judge will not grant the motion for her to be moved out of foster care and placed into my... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Oct 11, 2019

It sounds like you need to consult with and/or hire a lawyer where you live who specializes in this area of the law.

1 Answer | Asked in Adoption, Family Law, Child Custody and Legal Malpractice for Florida on
Q: Am I able to undo an adoption if it was done illegally or using intimidation?

When I was 19, I was going to give my newborn up for adoption to a close friend. They moved with her from Florida to Georgia, nothing finalized, and I changed my mind. They took me to GA court, which resulted in GA removing my child from their care, but GA put her in foster care. I did everything I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 2, 2019

You did not tell us how many years ago this happened to you, but I am guessing that is must have been more than 10 or 12. If so, the controlling statutes of limitation have expired and there is nothing you can do about it.

Practically speaking--if you still love YOUR child as much as it...
Read more »

2 Answers | Asked in Adoption, Child Custody and Family Law for Florida on
Q: A grandma legally adopts her grandson from the court after parental rights are terminated from parents.

Can the grandma (now legal natural parent) later on privately adopt the child to a better fit home?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jul 28, 2019

Probably.

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1 Answer | Asked in Family Law and Adoption for Florida on
Q: Can grandparents adopt their grandchild if it's ok with the mother but the father is not on the birth certificate .

He has not seen her in over a year and there is no court order

Henry George Ferro
Henry George Ferro answered on Jul 15, 2019

This is ultimately a judicial decision...although the father is not listed on the birth certificate (he will probably need to be noticed of the proceedings).

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