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Florida Adoption Questions & Answers
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... View 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
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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... View 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... View 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... View 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... View 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...
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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).

1 Answer | Asked in Family Law, Adoption and Civil Litigation for Florida on
Q: Are post adoption agreements enforceable and if so, if the birth parent abandons the child regularly?

The birth parent goes 3-5 months without speaking to or checking on the child causing a disturbance in the child’s life. The birth parent also disrupts the child by speaking badly of the mother and father.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Jun 21, 2019

All legal agreements are enforceable. Moreover, in this situation the agreement should specify how frequently the birth mother can have contact with the child--not the other way around. Finally, your last allegation has the most teeth. If it is true that the birth mother is "speaking... View More

1 Answer | Asked in Adoption and Family Law for Florida on
Q: If I live in Florida , what Would be estimated costs of a stepparent adoption of Step Kids

The absent parent hasn’t given consent but also have loads of evidence against his mentally abusive ways and he hasn’t contacted kids in well over 2 years hadn’t visited in 4 and 2 of the 3 kids are over 14

Henry George Ferro
Henry George Ferro
answered on Jun 19, 2019

It depends on each lawyer and on the complexity of the process...I don't have enough information to give a detailed proposal.

2 Answers | Asked in Family Law and Adoption for Florida on
Q: How to get parental rights forms filled out from 2 different states

My sons donor has agreed to sign over his parental rights so my husband can adopt him but donor lives in Conn and I live in FL. I have sent him the FL forms but he said notary in Conn wont sign cause they are FL forms. Id like to get this done soon.

Henry George Ferro
Henry George Ferro
answered on Jun 4, 2019

He should try and go to a local courthouse...Any notary in CT should be able to assist you in this matter.

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2 Answers | Asked in Adoption and Family Law for Florida on
Q: Can my father adopt my daughter?

The father is not in her life he has abandoned her, and I am wanting to change her last name and get him off her birth certificate and have my dad adopt her legally

Deborah Annette Carroll
Deborah Annette Carroll
answered on Jun 2, 2019

Your father can file a relative adoption.

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1 Answer | Asked in Adoption and Family Law for Florida on
Q: Does termination of a fathers parental rights also terminate an adult half siblings rights in Fla?

I have had my nieces girls in my care for 4 yrs since she past away. Already adopted 2 of the girls and now 6 yr old tpr next week.

There is a much older adult sister that recently appeared that wants to adopt her. Will her sibling rights be terminated also?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 9, 2019

No, terminating a father's parental rights cannot automatically terminate any other person's rights--assuming they have any rights. FYI, siblings and half-siblings may have some limited "rights" to participate in adoption proceedings; and if they intervene the court will... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: Is there any recourse for foster parents who have had a child for over a year when parents surrender custody to aunt?

A week before the final TPR hearing the parents went to a private lawyer and signed their rights over to a half-sister of the mother. We have had the child since birth and were slated by DCF to adopt as no one had come forward for the first 8 months, and the aunt claimed not to want to take the... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 1, 2019

This issue will probably have to be litigated; make sure DCF stays on your side.

1 Answer | Asked in Family Law and Adoption for Florida on
Q: How to file and start process for step parent adoption and is lawyer needed

Child is 10 bio dad has never paid child support and last seen child at age 1 he is however on birth certificate. I dont know where he lives or a phone number I did try and reach out on social media and he didnt respond

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 24, 2019

Unless the biological father consents to an adoption you will have to try another much more difficult, time-consuming and expensive route. Make a better effort to locate the father.

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: I want to legal custody of my grandson and my daughters unborn child she currently lives with me but always leaves her

son in my care she is also pregnant at 18 weeks and has refused to seek medical care she is Rh negative need to receive a shot . her sons father was killed in a car crash in Sept. 2017 she has not gotten over it she has struggled with caring for her self and her son. The unborn child's father... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 14, 2019

This can be done--but not here online. Contact a family lawyer in your area.

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: What rights may i have being a legal guardian to a minor over a blood relative that is unfit to care for her? Can i adop

I have been in the minor life since she was 1 and she is 8 now. The minor mom passed away last year. Grandmother is making things difficult and is unfit to care for the minor due to health issues. But she still wants to take the minor away from me.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 4, 2019

The issue of the grandmother's fitness to care for her grandchild is not yours to decide. Under normal circumstances any blood relative has some level of priority over any and all non-related guardians. The status of your guardianship can be determined by knowing the kind of guardianship it is... View More

1 Answer | Asked in Adoption and Family Law for Florida on
Q: My girlfriend wants me to adopt her son from a different country
Denise Martinez-Scanziani
Denise Martinez-Scanziani
answered on Apr 3, 2019

If the child is not a citizen of the US, the laws governing international adoption will likely apply even if the child is present in the US. The child's nationality will also have an impact on whether this adoption is even possible. You first want to speak with an immigration attorney.

1 Answer | Asked in Adoption and Domestic Violence for Florida on
Q: My husband and I were in a domestic violence relationship do I need his consent to put a baby up for adoption
B. Elaine Jones
B. Elaine Jones
answered on Mar 29, 2019

Yes if the baby was his child also. You will have to get his consent or he can stop the adoption. Without consent or court approval you cannot adopt out a child that belongs to both you and your husband.

Sincerely,

B. Elaine Jones, Esquire

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