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Adoption

Adopting a stepchild in Florida

Adopting a stepchild in Florida

Posted by Nydia Streets of Streets Law in Florida Adoption

A stepparent adoption can be relatively easy if both legal parents consent to the adoption. As long as certain statutory requirements are met in filing the petition, consent and other required documents, this type of case can be uncontested and resolved fairly quickly. Denial of an uncontested stepparent adoption petition was an issue in the case R.P.M. v. Proposed Adoption of I.R.M., 4D2023-0558 (Fla. 4th DCA December 20, 2023).

Florida adoption case requires notice to interested parties

Florida adoption case requires notice to interested parties

Posted by Nydia Streets of Streets Law in Florida Adoption

As with any other proceeding in Florida family law, due process is a required part of an adoption proceeding. Due process requires that all parties who have an interest in the outcome of the case be given notice of the case, usually. This was an issue in I.T. v. P.G.U., 2D21-558 (Fla. 2d DCA February 11, 2022) in which a grandmother contested a final judgment of adoption entered in favor of another relative.

Florida adoptions: Standard for setting aside consent to terminate parental rights

Florida adoptions: Standard for setting aside consent to terminate parental rights

Posted by Nydia Streets of Streets Law in Florida Adoption

As part of the Florida adoption process, a biological parent’s rights are terminated. Before the parent’s rights to the child can be terminated, a process defined by statute must occur in order to ensure the parent knowingly and voluntarily gave up his or her parental rights. Alternatively, there can be a trial on whether or not the parent’s rights should be terminated. A parent’s change of mind after consent to termination has been signed can be the subject of litigation. This was an issue in the case M.J.G. v. A. Julia Graves, 4D21-1675 (Fla. 4th DCA January 5, 2022).

Termination of Parental Rights in Florida

Termination of Parental Rights in Florida

Posted by Nydia Streets of Streets Law in Florida Adoption

Can a parent voluntarily terminate his or her parental rights in Florida? As stated in a recent Florida family law appellate opinion, “‘In Florida, there are only two means by which a parent’s rights may be terminated: one is through adoption pursuant to Florida Statutes Chapter 63 and the other is through the strict procedures set forth in Florida Statutes Chapter 39, specifically sections 39.46 through 39.469.’” Oral v. Oral, 5D20-2081 (Fla. 5th DCA July 30, 2021) (internal citations omitted). Simply put, parental rights can be terminated via adoption or a dependency action.

Stepparent adoptions in Florida: terminating parental rights of absent parent

Posted by Nydia Streets of Streets Law in Florida Adoption

Stepparent adoptions in Florida are a way to legalize the bond between a stepparent and a child. Sometimes, a birth parent may have abandoned a child financially or physically, or is otherwise absent. In this case, most times a child is more familiar with a stepparent who has taken on a parental role in the absence of the birth parent. Adopting a child in Florida involves a two-step process, the first of which is to legally terminate the parental rights of the absent parent. A recently published appellate case reviews a trial court’s decision to deny a request to terminate a parent’s rights.

Florida adoption checklist

Posted by Nydia Streets of Streets Law in Adoption

Adoption is a great way to expand your family and to give the adoptee a loving family. If you’re thinking of going forward with a Florida adoption, consider this checklist in gathering documents and information you need to get started.

Understanding the types of Florida adoptions

Posted by Nydia Streets of Streets Law in Adoption

Adoption is a wonderful option for families looking to expand. There are generally two types of Florida adoptions: those involving relatives and those involving non-relatives wanting to adopt a child. The process for each differs in significant ways.