Florida Adoptions Legal Questions

OK all the annuity paperwork should be filed along with the judgment in the court case file. So find out in what county in Florida the dog attack occurred, and then call the court clerk to get the case number by giving the clerk -the parents names of the child, and they should find the case easily. Then just look for the judgment, in the docket file, which will contain all the information regarding the annuity and the payout dates. Once that is obtained, contact the insurance company, and they will request the paperwork necessary to facilitate the change of name.      ... Read More

Dear Mr. Baylor:   In order to adopt your stepchildren, the court must terminate the rights of the biological father.  Usually the court will do this if there is "abuse, abandonment or neglect."  From your information it seems that the biological father has, in efect, abandoned the children.    Florida Family Law Form 12.981 (b)(1)  (you can find by googling)is the form for a stepparent adoption. You can read through the instructions and it will provide guidance. You should make sure to insert in the proper paragraph that he has not provided financial support or taken any interest in seeing his children. There are other forms in setion 12.981 that would provide guidance to you as well that must be filed. I hope you can proceed and be successful with the adoption as you sound like a caring and concerned individual who is and will continue to be  positive influence on these children.   Best of luck, Cindy S. Vova  Law Offices of Cindy S. Vova, P.A. Broward-Miami-Dade-Palm Beach info@vovalaw.com    ... Read More

Dear Cameron:        You can be adopted by your stepmother.  However, it will require that either your biological mother consents or there is a termination of her parental rights, which is usually based on abuse, abandonment or neglect.  Your stepmother would have to file the petition, joined by your father.         If your father and stepmother wish to do this  they can find the instructions and form for the petition at https://www.flcourts.org/content/download/403293/3458092/981b1.pdf.  Once they read this they should probably have a better grasp on whether they will be successful in having your biological mother terminate her rights.         Best of luck to you and your family.   Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward-Palm Beach-Miami-Dade... Read More

Dear Anonymous:     Your son did the right thing registering with the Florida Putative Father registry.  Before any adoption goes through, the  adopting party/attorney must search the putative father registry and if a father is listed for the child, he must be notified of any legal actions regarding adoption.  Also, if you/he  should notify the birth mother that he objects to the adoption, and he can also file an action to establish paternity.  That way,  he would ultimately be adjudicated the legal father, and any adoption would be fraudulent.    He can still pursue this, with an attorney's help, even if he is in jail.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785  ... Read More

        The short answer is, unfortunately, no, unless you do, possibly, a second parent adoption.  However, if you get married, then your now husband could adopt the child provided that you either advise you do not know who the father of the child is,  or you take other actions to terminate the father's rights.      Best of luck,      Cindy S. Vova       Law Offices of Cindy S. Vova, P.A.       954-316-3496/561-962-2785 ... Read More

you can initiate a step-parent adoption by your soon-to-be-spouse once you are married.  The 7 year-old's father would have to consent but if he doesn't respond or seem to care, you could get the court to waive the requirement of his consent BUT the guy would have to be noticed/served with paperwork about what was going on. ... Read More

absent extraordinary circumstances, you are going to need to, at the very least, notify the BF of what is going on.  Additionally, it is likely that he is going to need to consent to the adoption.  You may have a claim of abandonment but in 99% of the cases, the court is going to make you let the guy know that you are claiming he abandoned.    ... Read More

You would have to petition the chief judge in the county that the adoption was finalized in and ask the Court to review the records and provide any medcial records (redacted).  You would need to contact an attorney in the county where the adoption was finalized and it would be best to find one that does adoption work.  If you can't find an attorney who can help, let me know.    Mark Miller... Read More

Generally speaking, unless there was something in his will that mentioned you or even unnamed children adopted, it is very unlikely you would have any legal claim to any inheritence.  They may just be embarassed if anything comes up that might harm his repuation.   Other than getting a relative to help you with DNA, I can't think of any legal way to determine if he is your father.  Your parents have no idea who your biological parents are?... Read More

questions before I can answer - who is the father of the two year old.  Will he agree to the adoption?  What county is the child's case in?  The name on the birth certificate creates the presumption that he is the father but if you know otherwise, then you need to deal with him. Why do you think the guy on the BC is not the father.  Was she married to the guy on the birth certicate?... Read More

yes and no.  there are cases where you can terminate rights in these circumstances, but you are going to need to serve her with paperwork.  It is unlikley the Judge would do it so quickly.  If after a signifigant period of time she continues to be missing, then you might have a better chance.  5 months is just not long enough to terminate rights.... Read More

You must have an experienced adoption attorney handle this situation for you.  This is not something that can be done without an attorney.  Your friend should be willing to retain an attorney that will write up the agreement and disclose the rules of adoption in Florida.  Everyone involved will greatly regret NOT having an attorney involved in the process.   Mark Miller Jacksonville, Florida 904-390-1970 miller@fordmiller.com... Read More

a name change is easier and cheaper.  But if you want to be adopted by your step-dad because it is more meaningful, you can but you will need to locate your bio-father and give him notice (it doesn't matter if he objects or not, he is entitled to notice.  even if he obejcts, he cannot stop the adoption.... Read More