The most common form of adoption is a step-parent adoption. The Florida statute allows a step-parent to adopt a biological parent’s child(ren), giving the step-parent all the rights and obligations of a biological parent.
That until a step-parent adoption is finalized the biological parent continues to have a legal obligation to pay child support. If the biological parent owes child support arrears, those monies will continue to be owed even after the step-parent adoption is finalized.
Once the step-parent adoption is finalized the biological parent no longer has any legal rights or any ongoing child support obligation to the child(ren).
An uncontested adoption is obtained by filing a Petition for Adoption and:
- Written Consent by the biological parent; or
Courts frown upon Adoption by publication, however it may be the only viable option, when the parent does not know the whereabouts of the biological parent even after a due diligence search has been conducted.
When the biological parent does not agree to the adoption then the following must be done:
- A Petition for Adoption must be prepared, filed, and served on the biological parent.
- The biological parent has twenty (20) days to file a response objecting to the adoption.
- Failure to timely object could result in the Court automatically granting the adoption.
- At the conclusion of the trial the Judge will make a decision permitting or denying the adoption of the child(ren).
For example, an important factor that will assist the Judge in making a final decision, would be if a biological parent had no contact with the child(ren) for many years and the requesting adoptive parent was not at fault for the other parent abandoning the child(ren).
We have the knowledge and experience to handle your legal needs in order to protect you and your family.
For additional information or questions regarding an Adoption contact Attorneys at Law Joseph M. Corey, Jr., P.A. at (305) 557-1750 for a FREE Consultation. Payment plans available and credit cards accepted.
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