Adoption

Termination of parental rights represents one of the most serious actions a court can take, permanently severing the legal relationship between a parent and child. Florida courts require strict compliance with statutory and constitutional safeguards before granting such relief, including proof of abandonment, best interests, and the least restrictive means of protecting the child. A recent Florida opinion illustrates how courts evaluate parental involvement, credibility, and the child’s long-term stability when determining whether termination is appropriate. If you are facing dependency proceedings, it is essential to consult with a Miami child custody attorney to determine your options.

Case Setting

Allegedly, the child was born prematurely to a mother struggling with substance abuse, and the Department became involved shortly after birth. The child was placed with foster parents within weeks, where the child remained throughout the proceedings.

It is alleged that the father initially denied paternity and declined to participate in the dependency process, despite being notified. Months later, the father appeared in the proceedings and asserted parental rights, at which point paternity testing confirmed his biological relationship to the child.

Many step-parents have loving relationships with their step-children and eventually wish to adopt them. If the biological parents consent to the adoption, the process should be relatively seamless. As demonstrated in a recent Florida case, though, problems can arise if the court has concerns about an adoption agreement’s language. If you want to learn more about step-parent adoption, it is wise to confer with a Miami adoption attorney to evaluate your options.

Facts of the Case and Procedural History

It is reported that the stepfather, with the assistance of an adoption entity, sought to adopt his twelve-year-old stepdaughter. The biological father executed a consent form for the adoption, which closely adhered to the language prescribed by Florida Statutes. This consent explicitly stated its irrevocable nature except under circumstances of fraud or duress.

Allegedly, the father simultaneously entered into an Adoption Settlement Agreement with the stepfather and the child’s mother, which aimed to settle all claims regarding the child and outlined provisions for an “open adoption” allowing continued contact between the father and the child. Despite the parties filing necessary documents and complying with court orders to address deficiencies, the trial court, without a hearing, invalidated the consent and dismissed the adoption petition based on concerns about the agreement’s language. The stepfather appealed. Continue reading ›

Articles Posted in Adoption

Florida Court Explains Grounds for Dismissing Adoption Petitions