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Florida Adoption Questions & Answers
1 Answer | Asked in Adoption and Family Law for Florida on
Q: If we are looking to do a step paren adoption And the biological just filed that he’s not her dad what can we do??

He has not seen her in 5 years and has been on meth and homeless for the past 2 years. He filed he’s not the dad but we want to do the step parent adoption because my husband has taken care of her the entire time. Can we avoid the paternity part with this situation?

Scott Michael Weiss
Scott Michael Weiss
answered on Feb 6, 2018

You need to file a petition for stepparent adoption and have the biological father sign the consent and waiver.

1 Answer | Asked in Adoption for Florida on
Q: Can my husband adopt my child without “fathers” consent?

My child is 6 years old and is the product of rape. I have NO information about that man. Not even a first name. The birth certificate only lists myself as the mother. My husband wishes to adopt the child because he loves him as his own. For the paper work my only options are consent from the... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 6, 2018

Yes, check the " is not required because of etc. " option.

Consent and notice may be deemed waived. See Chapter 63 of the Florida Statutes:...
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1 Answer | Asked in Family Law, Adoption, Child Custody and Juvenile Law for Florida on
Q: My daughter was illegally adopted from me she keeps running away because there abusing her if I pick her up am I wrong?

I had my daughter when I was 17 years old  and I have definitely been a victim of sexual abuse when I got pregnant at 17 my mom actually stepmother illegally adopted my daughter I never signed any paperwork  i was a minor at the time I was still living in the same house with her in Georgia she... View More

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

Yes, you could get in trouble if you try to pick her up. Report your step-mother to the authorities.

1 Answer | Asked in Adoption and Child Custody for Florida on
Q: Would i be able to choose where i want to live if my mother loses custody but i have only seen my father a couple times?

Mother was abusive and dcf was involved to take us away but they are trying to give me to my father which i hardly know. Is there anyway i can decline living with him and stay with my grandparents that are not blood related but have been around all my life

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 20, 2018

Until you are 18, no.

1 Answer | Asked in Family Law, Adoption and Child Custody for Florida on
Q: My son's biological father has not contacted him in a year and a half. Is this abandonment?

Can I file to terminate his parental rights so my husband can adopt him?

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

Probably, for purposes of adoption. But when you husband files to adopt, the son's father would still have to be given notice of the court action.

1 Answer | Asked in Family Law, Adoption and Civil Rights for Florida on
Q: How to prove Identity? Was raised with Stepdad's last name, but not adopted.

60 yrs old. Mother, Father & Stepfather are all deceased. Mother used Stepfather's last name for all children, (although there was no legal adoption). Kids were enrolled in school & used this name for everything, throughout their lives, until marrying. Divorced, remarried twice.... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 12, 2018

Why is your California driver's license not sufficient? Do you have a certified copy of your most recent divorce decree?

1 Answer | Asked in Adoption and Divorce for Florida on
Q: I was adopted by father at birth and am getting divorced. Can I take back my birth name instead of my adopted name?

I can not find my adoption paper, This was back in 1964 and I have tried looking in every website for vital records in NYC.

Pamela J. Fero
Pamela J. Fero
answered on Jan 11, 2018

I see no reason why you can't. The statutes allow for a person to have their name restored to a former name at the time of a divorce. I've never seen a judge ask for documentation as to the prior name, but I suppose it could happen.

(*This answer should not be construed as legal...
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1 Answer | Asked in Adoption for Florida on
Q: My son deceased, ex-girlfriend now married, her husband adopting my grandchildren. Legally my grandchildren still?

I have a close relationship with my grandchildren, ages 5 and 2.

Pamela J. Fero
Pamela J. Fero
answered on Jan 11, 2018

Hello. Yes, your grandchildren are still your grandchildren, and they are entitled to some legal benefits. For instance, if you were to die intestate (without a will), they would still be considered your descendants and would be entitled to the same amount of inheritance (if any) as they would have... View More

1 Answer | Asked in Adoption for Florida on
Q: I was granted an order giving me access to all documents pertaining to my adoption proceedings.

I have all identifying documents pertaining to my adoption file except for my original birth certificate. I was adopted by my stepfather. It was not in the file so I had to request it from the Bureau of Vital Statistics here in Florida. I mailed the court order along with the appropriate fees. I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jan 6, 2018

No, unless the Bureau of Vital Statistics is made a party to the case (or at least to the motion), it is not in contempt of court to refuse the order.

2 Answers | Asked in Family Law, Adoption and Child Custody for Florida on
Q: My son's father signed a paper giving away his rights so that my husband can adopt my son. Now he wants joint custody

Now he wants joint custody because of child support will the court give him joint custody. Even though the paper was signed and notarized

Lee N Feinberg
Lee N Feinberg
answered on Dec 22, 2017

If the document met the guidelines for "consent" you need to hire counsel and file the petition for a step-parent adoption. The father will object so it will be necessary for us to prove that the consent should be enforceable. I've done this before but it's no easy task.... View More

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1 Answer | Asked in Family Law and Adoption for Florida on
Q: I'm filing a stepparent adoption. It says I can change my daughter's name. Is that her whole name or just last name
Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 18, 2017

I would be the whole name, if you want and the court approves.

1 Answer | Asked in Adoption, Child Custody, Criminal Law and Family Law for Florida on
Q: I father of 2 The mom has been in prison 4 yrs She is in for child endanger and more do i have a good chance of full cu

I have two children with her. we were never married. i have taken care of the kids all this time with nothing from her. she is in for child endangerment, robbery with guns and many more. i want full custody of the children. the children also want nothing to do with her, i am married and the... View More

Shiobhan Olivero
Shiobhan Olivero
answered on Dec 15, 2017

There is a lot in your question that you have posed. More than can be addressed in a forum like this. You need to have an appointment with a family law attorney to discuss the paternity and custody issues.

1 Answer | Asked in Adoption, Child Support and Family Law for Florida on
Q: My ex-husband owes $30,000 in child support, if he freely gives up his custodial rights can this amount be written off?

My ex-husband owes over $30,000 in child support. He has not seen the child for four years and has made very little effort to see her and maintain contact. We would prefer if he simply gave up his rights and allowed us all to move on in our lives. I am re-married and my husband has raised her... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 11, 2017

Yes, adoption is just about the only way by which child support debt can be eliminated. Contact an attorney for the details.

1 Answer | Asked in Adoption, Child Custody and Family Law for Florida on
Q: My nephew from MI in living with me in another state. Do i start the adoption process here where the child and i reside?

Or do i start the process in the state his birth parents live in? They are willingly placing him with us. We have POA and he resides here with us. We just need to know where to start this process.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 4, 2017

You start it in the state where the child has lived for at least six months (or the majority of his lifetime if he is under the age of six months).

1 Answer | Asked in Adoption and Family Law for Florida on
Q: My husband wants to adopt my son from previous relationship, what is the process if the bio-father still has his rights

My son is 6 years old. My husband has been in his life since he was only 2 months old. My sons biological father has not seen my son in almost 4 years, in those years he had made no effort to contact me also has never paid child support before, and he has just been sentenced to 5 years in prison.... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Nov 29, 2017

You will need to involve the biological father one way or another. He can either agree to the adoption or else you will need to go to court to terminate his parental rights.

1 Answer | Asked in Family Law and Adoption for Florida on
Q: I am self filing a step-parent adoption in Florida. Who do I list as respondent if my ex's rights were terminated?

Do I have to do a Putative Father Search since I already know the father and his rights were termed?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 17, 2017

Let me see if I understand this: the father of the child was married to your wife, the mother of the child. You are now married to the mother, so you are the step-father. So by "my ex", you actually mean your wife's ex-husband, the father of the child.

I believe you...
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1 Answer | Asked in Adoption and Family Law for Florida on
Q: Hello, I am a 17 year old in Florida. What rights does my stepfather have concerning discipline if he didn't adopt me?

My mother divorced my biological father when I was 2 1/2 and is inexistent in my life. She married my current stepfather about ten years ago. They never underwent the adoption process so I wondering, what rights does he have concerning discipline? What is considered abuse? Thank you so much!

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 5, 2017

Your mother presumably delegates her disciplinary authority to your stepfather. What constitutes abuse, by either of them, depends on the circumstances.

1 Answer | Asked in Adoption, Child Support and Divorce for Florida on
Q: Do you still pay Child Support for an adoptive child who receives a monthly subsidy?

My wife and I are getting divorced. Our son was her nephew who we adopted. She receives a monthly subsidy of $695. She has always claimed him for Income Tax. We have him shared. One week I have him Monday, Wednesday, Friday, Saturday and Sunday. Then we switch. The following week she has him those... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Oct 2, 2017

The subsidy should be factored in to the child support calculation.

1 Answer | Asked in Adoption and Divorce for Florida on
Q: married but separated. at time of separation I got pregnant by someone else. can my bf do a step parent adoption ?

I have had no contact w the baby's biological father since getting pregnant. the child is now 2 months old. I'm gonna get a divorce and remarry my current bf.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Sep 22, 2017

Once you are married to him, yes. You will need to be able to give notice to the biological father.

1 Answer | Asked in Adoption for Florida on
Q: how do I know if I need the UCCJEA form? We have both consent from bio-dad and adoptee consent forms.

My husband wants to adopt my girls ages 8, 13, and 16. I just want to make sure I file all paperwork that is necessary.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Aug 15, 2017

I expect that you will need it. The UCCJEA applies whether nor not you have those consents you mention.

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