Does Florida Permit Relatives to Adopt a Child?

The notion of adoption is usually associated with a couple working with an adoption agency to add a baby or young child to their family. Certainly, this type of adoption does happen on a regular basis, but as recently discussed on this blog, there are other kinds of adoption that do not involve strangers taking an unknown child into their home. Stepparents and relatives also seek to adopt in certain circumstances. Why a stepparent would wish to adopt a stepchild is easy to understand since he/she is already functioning in a parental capacity, but why a relative would want to adopt a child might not seem so clear. Society and the law prefer and expect parents to take the primary role in raising their children, with friends and relatives only providing limited support as necessary. However, circumstances can arise, especially if a child has only one parent, that requires another family member to assume the role of parent. Examples of when relative adoption could be a good choice include the death of the parent(s), a seriously debilitating injury or illness, or child abandonment. Florida promotes placing children in stable and permanent homes with relatives over unrelated and unknown adults. As a result, adoption procedures for relatives are simplified compared to a standard adoption. A discussion of who qualifies to petition for a relative adoption, and how it differs from the standard adoption procedure, will follow below.

Who Can Petition for a Relative Adoption?

While any adult is generally permitted to adopt another person, because of the special status afforded to relatives in the adoption process, only certain individuals qualify as a “relative” for this purpose. Under Florida adoption law, to qualify as a relative the adult must be related to the child within the “third degree of consanguinity.” This means the adult must be biologically related to the child, and not merely through marriage, and includes the following relations:

• grandparents;
• aunts and uncles;
• first cousins;
• great grandparents;
• nieces and nephews; and
• siblings.

Most relative adoptions involve grandparents or aunts and uncles, all of whom easily qualify as a relative according to Florida law. More distant relatives wishing to adopt would have to follow the standard adoption procedure.

Relative vs. Standard Adoption

The two biggest differences between a standard and relative adoption is the need for a home study and two separate proceedings to terminate parental rights and finalize the adoption. A home study is an assessment the adoption agency must conduct prior to the termination of the biological parents’ rights that verifies whether the home is suitable, and if the placement is in the best interests of the child. Stepparent and relative adoptions are specifically excluded from this requirement, though a court has the option of ordering a home study for good cause, such as a history of violence in the relative’s home. In addition, standard adoptions require the adoptive family to petition separately to terminate parental rights and to finalize the adoption. This staggered process adds a lot of time and expense to the adoption process. Relative adoptions are not subject this requirement, and relatives can file one petition to both terminate parental rights and finalize the adoption. This shortened process makes the entire procedure take a few months instead of a year or more. Note that one crucial difference between stepparent and relative adoptions is the need to terminate the parental rights of both, and not just one, parent.

Once the adoption is complete, the relative becomes the child’s parent for legal purposes with all the rights and obligations granted and imposed on a child’s natural parents.

Talk to a Tampa Florida Adoption Attorney

If you are a stepparent or relative seeking to adopt a child, you need the services of an experienced adoption attorney to ensure the process is handled correctly. While these types of adoptions are simpler, the legal requirements are still somewhat complicated. The Tampa Bay law firm All Family Law Group, P.A. will guide you through this process step-by-step, and help you to walk away with a momentous event to celebrate.  Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

by Lynette Silon-Laguna Google+

How to Petition for a Stepparent Adoption in Florida

Most depictions of stepparents in the media present callous individuals who detest any children from the first marriage. This image of the cruel stepparent diminishes the many caring and healthy relationships shared between stepchildren and their stepparents. In fact, some stepparents become so attached they petition to adopt the stepchild, thereby assuming all rights of a natural parent. While there is no denying the emotional aspect of adoption, it also grants the adopting adult important rights to make decisions related to the child and petition for custody if the adoptive and biological parents later divorce. The act of adopting a stepchild can have a profound effect on the child’s life, as seen in a news story about a stepfather who surprised his 11 year-old stepson with an adoption certificate last Christmas. The procedure for stepparent adoption is generally easier than a traditional, formal adoption, but certain standards do need to be satisfied before a court will sign-off on the request.

Is the Stepparent Eligible to Adopt?

Any request for adoption must start with an assessment of whether the person seeking to adopt is eligible. In Florida, the spouse of a child’s natural parent is eligible to petition for adoption as long as the other spouse consents, or is excused by the court from consenting. Most adults are generally able to adopt, unless a person has a physical or mental disability that affects the ability to parent. Courts are reluctant to grant legal rights to individuals that cannot fulfill the parent role, and are likely to deny the adoption petition under such circumstances.

Filing a Petition

Once eligibility is determined, a petition is filed with the local circuit court asking permission to grant the adoption. The petition must contain certain information for a court to accept it, and the provisions that are most important include whether consent from the other biological parent was given and why the stepparent wishes to adopt the child. After the petition is submitted, the child’s other parent must be notified about the pending petition request before a court can rule on it.

Consent from Biological Parents

The crucial part of any adoption, stepparent included, is obtaining the consent of both biological parents, or showing why such consent is not necessary. In stepparent adoptions, the consent of at least one parent is basically presumed, but the real issue lies with whether the child’s other biological parent will protest the adoption petition. If the other parent decides not to consent, it is still possible to proceed with the adoption if grounds exist that make consent unnecessary. These include:

• the parent deserted or abandoned the child;
• the parent had his/her parental rights terminated by a court; or
• the parent was determined by a judge to be legally incompetent, and is unlikely to regain competency.

In addition, consent may not be necessary from the child’s father if the man did not establish himself as a legal parent. These exceptions exist because a father is not always presumed to be a child’s legal parent since, absent genetic testing, biological relation to the child is not guaranteed. Consequently, a father’s consent is only needed if one of the following is true:

• the man was married to the child’s mother at the child’s birth;
• the man previously adopted the child;
• a court determined he is the child’s father;
• the man filed an affidavit of paternity; or
• the man acknowledged paternity in accordance with Florida law.

Contact a Florida Adoption Attorney

Adoptions are events worthy of celebration, but the correct procedure must be followed to ensure a court will authorize a petition. Working with an experienced adoption attorney can relieve the stress of wondering if your petition will be accepted, and make the entire process much more perfunctory and simple. All Family Law Group of Tampa Bay knows how to build a strong petition in favor of adoption, and is available to help you complete your family.  Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

by Lynette Silon-Laguna Google+

Do Step-parents Have the Authority to Make Legal Decisions for a Stepchild?

Divorce is especially hard on children because they rarely understand the reasons behind the decision, and only perceive the practical consequence that their parents do not live together anymore. Disputes over child custody and parental responsibility can particularly complicate things. While the child may struggle to adapt to this disruption in daily life, welcoming a new adult into the home if a parent decides to remarry can be equally challenging. Despite the common and unflattering depiction of step-parents in movies and books, many step-parent/step-child relationships and are healthy and productive and do not include the abusive, overbearing bearing behavior step-parents are sometimes charged with using. From a legal standpoint, a step-parent has no authority to provide consent to medical treatment, enroll a child in school, or make any other routine decision without approval from the legally-recognized parents. This lack of authority can cause problems if the child’s parent becomes ill or is otherwise unable to fulfill his/her parental duties. Informal and formal legal arrangements exist that can bridge the gap between a desire by the step-parent to become more involved in a child’s life and the limitations of the law.

Piecemeal Written Authorizations

The easiest and least expensive method of granting authorization to a step-parent for a step-child is a written letter from a parent or legal guardian that specifically gives the step-parent the power to make decisions. While the simplicity of this arrangement can make it appealing, it does require preplanning, and does not really take into account emergency situations. It is impractical to carry a letter of authorization around constantly, and while no medical facility would deny a child treatment for a serious condition because a parent is not present, non-emergency medical care cannot occur without consent from an adult with parental rights.

Step-Parent Adoption

Step-parent adoption is a permanent solution to the lack of authority, but does involve the investment of money and time. Step-parent adoption is only available if the person is legally married to one of the child’s parents. If a married couple wants to initiate a step-parent adoption, they must file a petition in court. Florida does not permit a child to have three legal parents, so the only way to complete a step-parent adoption for a child with two living parents is through the termination of one parent’s rights via consent or court order. Sometimes the consent of a parent is unnecessary. For example, if the parent deserted the child, previously lost his/her parental rights, or is ruled incompetent, consent is not required. Because of the gravity of the rights being granted and the concurrent seriousness of the loss of rights by a parent, the law wants to be sure all interested parties know about an adoption petition. Consequently, the legislature created a database for potential fathers of unwed mothers, called the Putative Father Registry. When a man registers his name on the database, he becomes entitled to notice about any impending adoption. Thus, checking this list is necessary if the biological father is out of the picture, but may have known about the woman’s pregnancy.

Despite the legal requirements, step-parent adoptions are easier and faster than conventional adoptions, and can be completed in one day if both parents consent. This legal option ensures the step-parent removes all obstacles to caring for a child, and may be the right choice for families looking to fully integrate.

Contact a Family Law Attorney

If you are a step-parent wishing to have more of a say in a child’s life, talk to a family law attorney about your legal options. A family law attorney can look at the dynamics of your family and guide you toward a choice that makes the most sense. Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

by Lynette Silon-Laguna Google+

Stepparent/Relative Adoptions

Families come in all shapes and sizes. Today, many children have divorced parents, or parents who were never married. Parents often remarry, creating a blended family. Blended families are wonderful, but sometimes a stepparent wants to become the legal parent. This can be achieved through adoption. An adoptive stepparent has the same legal parental rights as a biological parent. Adoption can make a family feel complete and create a loving environment for all family members.

Adoption Process

A legal adoption must be completed through the court system. The stepparent who wishes to adopt the child is considered the petitioner and thus files the petition. In addition to the joint petition for adoption by stepparent, there are some other documents that must be submitted to the court. Consent must be signed by both parents. Once all the proper forms have been completed and notarized, if needed, a final hearing will be set. Legal notice of the hearing must be given to the birth parent. This can be completed through personal or constructive service.

Parental Consent

Both birth parents must consent to a stepparent adoption, unless the other parent has abandoned the child. Florida statutes require consent be obtained from the child’s mother and father. The father must provide consent if he was legally married to the mother at the conception or birth of the child, he had legally adopted the child or paternity was legally established. In some cases, the parent may not be required to provide consent. In the case of an absent father, for example, the court mandates that you to make an effort to locate the parent to obtain consent.

The law requires that in cases of an unmarried biological father, the Florida Putative Father Registry be searched prior to adoption. This can be done only with a court order from a judge. You must file a motion requesting a search in order to get the order granted. However, this can be a complex issue and should be reviewed with an attorney to determine how to proceed.

Additional Adoption Information

In stepparent adoptions where the child is over 12 years old, the child is allowed input into the decision. Sometimes the child’s name will be changed as part of the adoption. If this is requested, name change forms must be submitted as part of the adoption paperwork. Once the court order is complete the stepparent is the legal parent and remains so, even if a divorce occurs at a later time. The records of the adoption are sealed and require a court order for review. Your lawyer will guide you through the process and ensure that all the proper documents are prepared in order to complete the adoption.

Help from a Compassionate Lawyer

The legal process to adopt is a complex one and is best made with help from a skilled lawyer. Each case is different and has a unique set of circumstances to review. You likely have many questions and concerns that can best be answered by your attorney. The decision to adopt is an important one and one that will have a life-long impact on the entire family. The Tampa attorneys at our firm are highly experienced in handling litigation of adoptions in Florida. Contact the Tampa divorce and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+