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Florida Adoption Questions & Answers
2 Answers | Asked in Adoption and Family Law for Florida on
Q: How can i put my husband on my daughters birth certificate if there is no father on it.

Father never been in my daughters life and dont want him to be.

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

Your husband would need to petition to adopt your child.

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1 Answer | Asked in Adoption and Family Law for Florida on
Q: Is it possible for the courts to remove grandparent visitation if not the best for the minor?

Grandmother constantly talks bad about me the legal guardian/step mother of the minor. Has even told her she wished i was dead.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 27, 2019

Yes, it is possible to "remove grandparent visitation" rights in Florida. However, if a Florida court granted grandparent visitation rights, you will have to petition the same court to get the grandparent visitation rights changed or removed.

To do that you will need more and...
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1 Answer | Asked in Adoption, Domestic Violence and Family Law for Florida on
Q: If a judge orders a one-year supervised visitation and it is not followed can that be used in court as abandonment?

Me and my ex have one child together. Due to domestic violence we have separated and charges were filed. (2015) before actually having court for these charges while waiting I went and got a restraining order which was granted for one year along with one year supervised visitation for our son who... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 22, 2019

Such an argument could be made. He would still have to be given notice of a proposed adoption, however.

1 Answer | Asked in Adoption and Child Custody for Florida on
Q: I have a one year old baby that was born while I was married to someone else/ what are my husbands legal rights?
Rand Scott Lieber
Rand Scott Lieber
answered on Feb 20, 2019

The man that you are married to is the "legal" father of the child, regardless of who the biological father is. Your husband has all of the legal rights as though the child is his.

2 Answers | Asked in Adoption and Immigration Law for Florida on
Q: If I am married to an illegal immigrant and have a child do I need his consent for adoption in the State of Florida ?

I am a U.S Citizen, and my husband has not started his process yet to get his green card does that mean I only need my consent when signing the adoption papers in the state of Florida

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 14, 2019

You need his consent, unless the conditions for waiver of consent apply. The fact that he is not a legal immigrant is not such a condition.

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1 Answer | Asked in Adoption and Child Custody for Florida on
Q: Custody of granddaughter was given in Ohio 8 yrs ago. Child has resided in Fl for past 7 yrs. Who has jurisdiction?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 14, 2019

It depends on whether the non-custodial parent is still in Ohio. If so, I believe the Ohio courts still have jurisdiction.

1 Answer | Asked in Adoption for Florida on
Q: Would my daughter who is 25 and single be able to adopt in Florida?
Deborah Annette Carroll
Deborah Annette Carroll
answered on Nov 30, 2018

Yes, a 25 year-old may adopt in Florida as long as all other legal requirements are met.

1 Answer | Asked in Adoption for Florida on
Q: Do parents ever put one twin up for adoption? I can't afford two kids right now and I don't know what to do.
Deborah Annette Carroll
Deborah Annette Carroll
answered on Oct 18, 2018

It is encouraged to keep siblings together, especially twins. However, there isn't a statue that says it is prohibited. If you would like more information regarding community resources and/or adoption, please give me a call.

1 Answer | Asked in Adoption, Child Support, Domestic Violence and Family Law for Florida on
Q: Child custody/kidnapping

If the father of the child takes the child away from the mother without good reason, in florida, is that against the law? Is it a felony? He intentionally cut off all contact between the mother and the child. The mother has not been able to find the child because no agencies will help her, due to... View More

Shiobhan Olivero
Shiobhan Olivero
answered on Jul 26, 2018

More information is needed to properly answer your question. You should contact an attorney and go to a confidential consultation to review your options.

1 Answer | Asked in Adoption for Florida on
Q: We have custody of twin 12 yr old granddaughters. Both parents are deceased. How can we the grandparents adopt?

We have been their sole support since birth. They have lived with us since birth. No support from either parent.

Deborah Annette Carroll
Deborah Annette Carroll
answered on Jul 12, 2018

Fortunately, Florida has a streamlined approach to relative adoptions. Relative adoptions are designated as an adoption occurring when the person/people adopting are related within three bloodlines to the child/children they are adopting. Florida Statutes do not require a home study for relative... View More

1 Answer | Asked in Adoption for Florida on
Q: Do we need biological mother's consent to adopt our foster daughter whom we are the legal guardians of?

We were granted permanent custody of our foster daughter who is 14 and has been with us for 7 years. W have consent to adopt from her biological father, but her biological mother has been hesitant. She has been in and out of jail and bounced around with different men. We believe she has lost... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jul 11, 2018

There are circumstances under which consent may be waived. Consult with an attorney who does adoptions.

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: Can my ex-husband have joint custody of my son even though he isn't the biological parent without adopting him?

We are recently divorced and have already set up joint custody of our daughter who we had while married. Ohio courts won't allow him to enroll my son in school with him unless he has joint custody. I have sole custody of my son at this time but gave my ex-husband power-of-attorney thinking... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 18, 2018

I'm assuming you were divorced in Florida. What do the Ohio courts have to do with school enrollment (in Ohio, I'm guessing)?

1 Answer | Asked in Family Law, Adoption and Child Custody for Florida on
Q: Girlfriend's son born in Alabama now lives with me in Florida. Bio dad wants to sign away his rights. Can I adopt him?

The bio father wants to relinquish his parental rights to him, and my girlfriend & I want me to adopt her son as his legal father with her of course still being his mother. But she's under the impression that because her son was born in Alabama even though he lives now in Florida with us,... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 1, 2018

Yes, you have to be married first.

Florida Statute 63.042 provides in pertinent part that:

"(1) Any person, a minor or an adult, may be adopted.

(2) The following persons may adopt:

(a) A husband and wife jointly;

(b) An unmarried adult; or...
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1 Answer | Asked in Adoption for Florida on
Q: My husband wants to adopt my child. I don't know where bio dad is. He didn't sign BC or no paternity established.

My child is 7 and never met bio dad. Do I need to do a punitive father registry search?

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 24, 2018

Yes, and if you don't find him there, take other measures to do all possible to attempt to give him notice.

1 Answer | Asked in Adoption, Family Law and Child Custody for Florida on
Q: Married to a drug addict who is being pimped out. she has disappeared for months. The father lives in Jamaica.

Neither parent is in her life. I care for her emotionally, monetarily, and she is the love of my life. I wish to take her on a cruise for our vacation time. I cannot reach anyone to ok this. I really want to formally adopt her, as I am the only thing she has. How can I take her away with me (we are... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 18, 2018

So you want to adopt your step-daughter? What exactly is your question?

1 Answer | Asked in Adoption for Florida on
Q: Can an independent adoption be done in Florida without an attorney?

If all parties are in agreement, can someone other than an attorney do all that's needed for an adoption?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 13, 2018

In theory, yes.

1 Answer | Asked in Adoption and Family Law for Florida on
Q: If i was TPR & grandmother adopted my kid but has let me see her & i claim on taxes can I open adoption 4 timsesharing?

I have proof I have relationship with my kid and support her financially and grandmother brainwashed me to give up my rights because she said I could always see my kid and I believed her and now she took her away

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 30, 2018

No, "open adoption" doesn't include any rights to timesharing.

1 Answer | Asked in Adoption, Child Custody and Child Support for Florida on
Q: I have had my neice for a few years now. I get child support but I dont have custody. Can the mother still take her ?

Shes been with me almost 3 years. The mother left her and moved out of state almost 2 years ago. She asked me to get her due to bad circumstances. At the time she agreed to custody but never went to do it. Moved away and now is threatening to take her back out of anger. The child is a teenager and... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 11, 2018

Yes, the mother still has the legal right to custody of your niece. You should get an attorney and file suit so as to get a court order giving you custody. It appears that serving her by publication may be necessary.

1 Answer | Asked in Adoption and Family Law for Florida on
Q: Can two unmarried people adopt the same individual (one person as mother and the other as a father)?

I was raised by my aunt and her husband but there was never any official adoption. Now they are divorced, but I ,of course, still consider them both to be my parents. With me being 23 yr old and then no longer being together, would it be possible to be adopted by then individually so that they are... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 17, 2018

Florida Statute 63.042 provides, in pertinent part, that:

"(1) Any person, a minor or an adult, may be adopted.

(2) The following persons may adopt:

(a) A husband and wife jointly;

(b) An unmarried adult; or

(c) A married person without the...
View More

1 Answer | Asked in Adoption and Child Custody for Florida on
Q: Do I need to file for full custody or do I already have it, and can my husband adopt her?

I had my daughter in 2013. We were unwed. He is on the birth certificate and she has his last name. The last time he saw her and contacted me to see her was in January 2016. Since then I got married and my daughter, me and my husband moved from Texas to Florida.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 10, 2018

No, you don't need to file for custody; the father can file for visitation (in Texas, probably) if he wants. I expect your husband can adopt the child, but, again, probably in the Texas courts. If the child has been in Texas for six months or more, you would use the Texas courts.

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