Jacksonville Divorce Lawyer Blog

As a Jacksonville divorce and family law attorney, I often have clients ask me if they can have the other party’s parental rights terminated due to the lack of participation in the child’s life. In child support cases, when a parent has not paid child support nor attempted to contact the child or have any visitation with the child, the primary parent grows weary of tracking down the other and tired of explaining to the child why the other parent is not involved in the child’s life. Other times that this topic arises is when a parent remarries and the stepparent wants to adopt the child. However, terminate the rights of a parent, without consent, is not as easy as 1, 2, 3 because it is a big deal to give up rights to the child and for the child to give up rights to the other parent. The Florida legislature has given provisions that protect children, but ultimately, if the other parent does not respond to the court action, then by default his/her parental rights may be terminated regardless of the provisions.

The main factor in terminating parental rights is whether the other parent agrees to the termination. Termination of parental rights may be accomplished by consent of both parties. However, if there is no one there to step-in as the other parent (e.g. stepparent adoption), then the court may require financial information for the remaining parent to show that the parent is financially capable of independently providing for the child. The reason for this is that parents that do not have financial means to provide for the child may request some type of government assistance, such as Medicaid for the child’s healthcare. The State then has an interest in the case and the Court needs to protect the State from the remaining parent presently asking for such assistance from the government and voluntarily relieving the other parent of financial support.

If the other parent’s whereabouts are unknown, then a diligent search must be completed. If the missing parent is the father, then the search must include the Florida Putative Father Registry. The Putative Father Registry is a place where men should register their name and identifying information if there is any chance that he may be the father of a child in Florida. Once the registry search is completed, that notice of search is filed with the court. In addition, regardless of mother or father, the requesting party must also publish notice of the case in a local newspaper in the city of the last known address of the parent. If no answer or reply is ever received, then parental rights may be terminated by default. Once a clerk’s default is entered, a final default hearing must be held with the Judge to determine whether it is in the best interest of the child for the parent’s rights to be terminated.

If the absent parent does reply and objects to the termination of his/her rights, then a different form of the case must be pursued. This type of case requires evidence for the court to find that the absent parent has, in essence, abandoned the child or acted in a way that warrants termination of his/her rights.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Florida had a long standing adoption ban for homosexuals until an appellate court ruled that there was no merit for the ban and found it unconstitutional. However, the issue was not over with that court ruling because there was a push for the Florida Supreme Court to hear the case and brief filed by the State and the Department of Children and Families. However, in October 2010, the State of Florida and DCF announced that they would not appeal the court's ruling to the Florida Supreme Court. Since they were the original parties, their lack of further appeal meant the end to the ban on homosexuals adopting children in Florida.
While the ban has been lifted, for some in certain parts of the state, the true test will be finding the right organization to assist in an adoption. For many years, DCF and other organizations have allowed homosexuals to foster children, but not adopt them. So, working with these agencies may prove not as challenging as one may suspect, but only time will tell.
If you are interested in adoption you should speak with a family law attorney about your rights and options.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Stepparent adoptions in Florida can be done in a relatively short amount time, if all parties are in agreement. Basically, if the biological parent is willing to sign a consent for termination of parental rights, then the adopting parent and primary parent can file a joint petition for the adoption of the child. Once the parental rights of the biological parent are terminated, an order can be entered by the court for the stepparent to be the adopted parent of the child. Basically, an adoption finds that the adopting parent has the ability to provide for the emotional and financial needs of the child and understands that the child is the responsibility of that parent regardless of the marital status. In addition, the child no longer has the right to inherit under the biological parent and therefore, inherits as a natural child of the adopting parent.
If you are interested in pursuing a stepparent adoption, you should speak with a lawyer about the process and the proper protocol.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

As a Jacksonville, Florida family law attorney one of the more joyous occasions I get to handle are stepparent adoptions.
When a parent marries a someone that is willing to take the place of a missing parent, whether by choice, incarceration, death, etc., Florida allows the process to be completed relatively smoothly. The idea of the court is to make the transition easy for the stepparent as long as the other parent does not contest or object to parental rights being terminated. Often, if the other parent has not been involved with the child’s life, that parent is typically willing to have his/her rights terminated and will consent to the termination of parental rights.
An unmarried father that has not registered with the Putative Father Registry and who has not been married to the mother or in communication with the mother may give up his rights by failure to comply with the establishment of his legal paternity. However, if the mother knows how to find that individual, then there is a presumption that he should be given the opportunity to object to his rights being terminated and notice is given to him of the Petition.
If you are seeking to adopt your stepchild, then you should speak with a family law attorney to make certain that you go through the correct process to make certain the adoption is done correctly.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Teenage pregnancies or unwanted pregnancies seem to be a common topic in American culture. From Sarah Palin's daughter to Jamie Lynn Spears who was 16 and pregnant, and to your own child possibly knowing someone in school that is pregnant. There are options available, but knowing them is half the battle.

While we would like to say that marriage is an answer, for many it is not the right option at the right time. Florida recognizes the right to child support, so the father is not off the hook for support simply for not wanting to be part of the child or mother’s life.
In order for a father to be determined responsible, at least financially for the child, a paternity test will be required if the father does not admit paternity upon the filing of a Petition to Establish Paternity. Since child support is based on the income of the parents, and sometimes these parents are in school, the court can impute income to one or both parties.

Adoption is also a wonderful alternative because it provides a home for the child with a family that wants to and can take care of the child. The movie "Juno" shed light on the topic of adoption for teen moms and showed how families are often desperate to adopt a child because they can provide for the child emotionally and financially in ways that the birth mother and father may not be able to. If both the mother and father are willing, they can voluntarily terminate parental rights for the benefit of the child being adopted free and clear by the proper family.

In looking into your options, it is good to get all of the facts from an experienced family law attorney.

The Florida Department of Children & Families has decided that it will not appeal last month’s 3rd Circuit Court of Appeals decision overturning the state’s 30-year-old ban on gays and lesbians adopting children.

According to news reports, the only way the case would remain alive would be if the state’s Attorney General decided to appeal to the Florida Supreme Court to allow the gay adoption ban to continue. The decision to appeal must be made by October 21, and the Attorney General’s office has said that it is not sure how it will proceed, but will meet with DCF attorneys to discuss the case.

The case that resulted in the overturn of the gay adoption ban involved a gay foster parent, Martin Gill, who wished to adopt two boys who were placed in his care by the Department of Children & Families after they were removed from their home because of neglect. At the time, Florida law allowed gay men and lesbians to serve as foster parents and guardians.

Gill was not approved for adoption because of the ban. He sued, and the trial court ruled that the ban was unconstitutional. The DCF appealed the ruling and the appeals court concurred with the trial court that the ban was unconstitutional because it violated equal protection under the law.

The international adoption process is complex and fraught with hazards, as evidenced by even celebrities like Madonna who have all the legal and financial resources at her command, but nevertheless encountered a number of problems adopting her son from Malawi.

Couples who have grown increasingly frustrated with the adoption process in the U.S. often believe that it is much easier to adopt overseas, but this is not necessarily always the case. Each country has different laws governing adoption, and non-citizens seeking to adopt must strictly adhere to those laws.

Some countries have lengthy residency requirements, so it is best to do your research prior to choosing a country for a potential adoption. It is unlikely that many Americans would want to spend a year or more living overseas, especially in third world nations where the living standards are startlingly different.

Florida couples who adopt overseas needs to know that Florida courts will recognize those adoptions, but there is a process involved in making that happen. You will need to petition the court to recognize the final adoption order from the foreign entity so citizenship does not become an issue.

Before you adopt overseas, be sure to consult with a Florida family law attorney to ensure you meet all the state’s requirements and that there are no legal issues to hamper your adoption.

A Florida state law that banned gay men and lesbians from adoption has been struck down by the Florida 3rd District Court of Appeals in a unanimous decision that upheld a trial court ruling that the ban was unconstitutional because it violates equal protection under the law.

Florida Governor Charlie Crist said the state would cease enforcement of the ban immediately.

The case that brought the new ruling involved a gay foster parent, Martin Gill, who wished to adopt two boys who were placed in his care by the Department of Children and Families after they were removed from their home because of neglect. At the time, Florida law allowed gay men and lesbians to serve as foster parents and guardians.

A private nonprofit adoption services agency under contract with the state reported to the DCF that Gill’s home was a suitable environment for the boys and that he met all the requirements for adoption, but recommended against it because of the existing Florida law banning gay adoption.

Gill sued and was represented by the American Civil Liberties Union. The trial court ruled that the ban was unconstitutional, and the DCF appealed the ruling to the district court.
In the appeals court ruling, Judge Cindy S. Lederman wrote, "It is difficult to see any rational basis in utilizing homosexual persons as foster parents or guardians on a temporary or permanent basis, while imposing a blanket prohibition on adoption by those same persons."

Robert Lamarche has become the fourth gay Floridian to adopt a child as the 1977 Florida law prohibiting adoption by gay men and lesbians remains under review by a Miami appeals court, according to a story in the Palm Beach Post.

Lamarche, who works at a private adoption agency in Fort Lauderdale, was approved as an adoptive parent by Broward County juvenile court Judge Hope Bristol, who said that Lamarche’s adoption of a teenage boy he has fostered for two years is in the minor’s best interest. She also wrote that the 1977 Florida law is unconstitutional, and the state is not objecting to her ruling.

Lamarche, who has a master’s degree in social work, met his adopted son four years ago, when the boy was 11 and had been moved from foster home to foster home as the result of abuse and neglect. After two years of watching the boy being moved around, Lamarche was given permission to serve as a formal mentor.

Broward attorney Robert Lynn, who has served as volunteer guardian for the boy, testified that the child had suffered at previous foster homes, but seemed to thrive with Lamarche, a licensed foster parent, and his partner. The Post quoted Lynn as saying, “The home was safe and secure...The child was very happy in the home...Lamarche and the child had developed a very good bond...He knew Lamarche was gay and he approved of the placement.”

Pursuant to Florida Statute sec. 63.053: Rights and Responsibilities of an Unmarried Biological Father, "If an unmarried biological father fails to take the actions that are available to him to establish a relationship with his child, his parental interest may be entirely lost, or greatly diminished." Thus, as an unmarried biological father of a child, you have no parental rights until you establish paternity of the child.

Under Florida Law, the interests of the state, biological mother, the child and possible adoptive parents outweigh the interest of an unmarried biological father who does not take timely action to establish paternity. If you do not file a claim of paternity before the date a petition for termination of parental rights is filed, you are barred from filing your paternity claim under Chapter 742.

Continue reading "I am a Single Dad in Florida, What are My Parental Rights?" »

Adoption is a legal procedure where a child becomes, through court action, part of a family that is other than that of his or her biological parents. Adoption is a very serious procedures - all ties are severed with the birth parents and any relatives of the birth parents. The adopted child is permanently transferred into the adopting family and the adopting family takes on the sole responsibility of care for the child.

Adoption will generally mean that the birth parents relinquish all their rights pertaining to the adopted child - this includes the right to see or otherwise be involved in the child's life. However, in an open adoption, birth parents retain the right to see and communicate with their child and the adopting parents take on the full responsibility of providing the child care and fulfilling the financial needs of the child. Basically, to the adopting parents, an adoption means that they have the same obligations of parents to the child as a child naturally born to them.

Who is eligible for a Florida adoption? Any minor (a person under 18-years of age) present within the state of Florida when the petition for adoption is filed. Sibling groups may also be adopted together in Florida. Adults may also be adopted with a similar procedure to that of minors.

Who may adopt a child in the state of Florida? Any adult who lives and works in the state, is of good character and has the ability to nurture and provide for the child. Single adults, married couples and step-parents may adopt.

Continue reading "Florida Adoptions - General Information" »

For a Florida stepparent adoption to take place, one of the biological parents must relinquish their parental rights to the adopting stepparent. The adopting stepparent is then assigned all the legal rights and responsibilities of a biological parent.

If the child is over the age of 12, he or she must consent to the adoption by the stepparent and will be interviewed by the court prior to signing a consent form.

If the birth parent does not consent – or cannot be found to provide consent – the stepparent adoption may be allowed to proceed if you can prove:

Abandonment – if the biological parent is absent and has not asserted any parental rights or has failed to provide support for the child, the court may terminate parental rights. Generally, a parent is considered to be absent if they have not been in contact with or provided any financial support for a child for a year or more.

Paternity – if you can establish that a male absent parent is not the legal father. Under Florida law, a man is presumed to be the biological father of a child if:

• He was married to the mother at the time the child was conceived or born;
• The mother was not married when the child was born but the man acknowledged paternity at the hospital at the time of birth;
• The mother was not married when the child was born but the man acknowledged paternity following the birth by filing a Consenting Affidavit Acknowledging Paternity with the Florida Office of Vital Statistics;
• Paternity was established by a court prior to the date that a petition for termination of parental rights is filed.

Florida stepparent adoptions can be complicated, so it is advisable to confer with a Florida family law attorney before you proceed.

It wasn’t too long ago that Americans regularly sought foreign adoptions because they were easier and less costly than adopting an American child. But three of the most popular countries for foreign adoption are changing the rules, and making it harder for Americans to adopt oversees.

China, Russia and Guatamala have scaled back or even halted foreign adoptions as they try to improve their internal accountability, and at the same time these countries have made eligibility requirements stiffer than ever. China, for example, will deny an adoption based on a prospective parents’ body mass index (BMI).

The price has also risen to as much as $40,000, which is twice what it was just ten years ago. Industry insiders say that it has never been harder for Americans to adopt children from overseas. In fact, the number of children adopted internationally was cut in half in the five years between 2004 and 2009.

The Hague Convention on Intercountry adoption, decreasing population growth, increasing stability in countries like Russia and China, and a greater emphasis on placing children within their birth countries have all contributed to decreasing the number of children available for adoption by American parents. International adoptions are governed by U.S. federal law, the laws of the country where the child was born, and the laws of the state where you reside. It is important to find out whether the country you are trying to adopt a child from is a Hague Convention country or a Non-Hague Convention country. A Florida Family Law Attorney can help you with this process.

If you are considering adoption, you will need the services of a family law attorney. Please contact our Jacksonville, Florida law firm for legal counsel.

Read more details of the slowing international adoption market at International adoptions grow more difficult.

When an infant relative of Vanessa Alenier was seized by child welfare workers, Ms. Alenier took the child into her home. However, when she asked Florida for permission to adopt the boy, a question on the adoption forms gave her pause. It asked if she was gay. Not wanting to begin her parental journey with a lie, she reported to the state that she is indeed gay, even though she knew that Florida has a thirty three year old law banning gays from adopting.

Even as a Miami appeals court was seeking to determine the constitutionality of the ban, Miami-Dade Circuit Judge Maria Sampedro-Iglesia approved the adoption – the third such adoption by a gay couple to be approved in Florida in the last year and a half.

Sampedro-Iglesia wrote in her order that, "there is no rational connection between sexual orientation and what is or is not in the best interest of a child. The child is happy and thriving with [Alenier]. The only way to give this child permanency . . . is to allow him to be adopted [by her].” She also declared in her ruling that she believed the law to be unconstitutional.

The Florida Department of Children and Families administrators objected to the adoption, but have not yet decided whether or not they will appeal the judge’s decision.

Find out more about the state of gay adoption in Florida at 3d strike against gay adoption ban in Fla.

If you are considering adoption, please contact our Jacksonville, Florida area law firm for legal counsel.

In a move designed to help Haitian children orphaned in the devastating 2010 earthquake enter the US more easily for medical care and/or adoption, the US Government eased the requirements for their temporary entry to the US. Department of Homeland Security Secretary, Janet Napolitano, made the announcement, adding that the US is still committed to helping reunify families that have been torn apart by the disaster.

Under the plan, children with no surviving family may be eligible for adoption by US families and will be granted an expedited humanitarian parole. Humanitarian parole is an option that can be exercised by the Secretary of the Department of Homeland Security to allow otherwise inadmissible individuals to enter the country for urgent humanitarian or other emergency reasons.

The US State Department has confirmed that approximately three hundred American families had already stepped forward to adopt orphaned Haitian children before the earthquake; twenty four of the cases were close enough to completion that those children have already been brought to the US and given over to their new families. The other pending cases are being reviewed individually to see if the process can be expedited. Any family who was in the process of adopting a Haitian child and would like further information can email askci@state.gov for more information.Florida residents who are interested in adoption should contact a Florida family law attorney.

Before the earthquake, Haiti was home to nearly four hundred thousand orphans. Many of them are now homeless due to the destruction of some orphanages in the earthquake. The total number of orphans is expected to grow as the dead are identified. In the meantime, many children without parents have been granted admission to the Dominican Republic, where they will be allowed to stay until their status is determined.

Read more about Haiti’s orphans and the plans to help them get adopted atU.S. works to expedite adoptions of Haitian children.

If you are considering adopting a child from a foreign country, you will need the help of a family law attorney to help navigate the laws of the US and the foreign country where you plan to adopt. Please contact our Jacksonville, Florida area law firm for adoption legal counsel.

Linda and David Pfeiffer of New London, Connecticut already had an adopted son, Darius, and they were not looking to have another child. But when a family friend from Jacksonville, Florida became pregnant and did not believe she was able to care for the child herself, she asked if the Pfeiffers would raise her child. Linda and David agreed, and they adopted Reylani soon after she was born. As part of the process, they flew to Florida and met with an attorney and had the birth parents sign a termination of parental rights.

It was only two weeks later that Linda Pfeiffer received a text message from the child’s birth mother, saying that Reylani’s biological father might actually be a different man. That man filed a paternity suit in Jacksonville Circuit Court and had his paternity confirmed with a DNA test. According to Florida law, a father must assert his paternity by filing the Florida Putative Father Registry Claim of Paternity claim before the child is born. Normally, this man would have no case. However, the child’s biological father is in the Navy, and he is arguing that he should retain his rights under the Servicemembers Civil Relief Act, which allows service members certain legal protections when they are on active duty. According to the Pfeiffers, the biological father knew that the mother was pregnant and was not at sea during the pregnancy, meaning he had ample opportunity to file for paternity during the legal window. The birth mother and biological father have since married.

In March a judge awarded custody to the biological parents, and the Pfeiffers were required to hand her over to them. The couple has since turned the Pfeiffers away when they flew to Florida in hopes of seeing Reylani. The Pfeiffers have filed an appeal to a panel of three judges, and are awaiting final word on their case. If you have questions regarding your rights as a biological parent or an adoptive parent in Florida you should contact a Florida Family Law Attorney.

You can read more about this tug of war over a Florida infant at Legal twist wrenching family apart.

If you are considering adoption, you will need the help of an experienced family law attorney. Please contact our firm for expert legal counsel.

Amy and Scott Kehoe were unable to have children of their own. So they went to great lengths to hand pick an egg donor, sperm donor, and surrogate for their future child. They then hired a Michigan IVF clinic to carry out the procedure. The couple paid for everything out of pocket. But a month after the surrogate gave birth to twins, Ethan and Bridget, the Kehoes were forced to turn the children back over to the surrogate mother, Laschell Baker, who changed her mind about turning over custody of the children when she found out that Ms. Kehoe was under treatment for a mental illness. Ms. Baker, who already has four children of her own with her husband Paul, said she couldn’t live the rest of her life worrying whether Ms. Kehoe’s illness would remain under control.

Surrogacy is largely unregulated, and is controlled mostly by fertility doctors. In some states, the parents must legally adopt the surrogate child, but it creates an interesting legal conundrum, as the parents must first create the baby, which is not genetically related to them, and then ask the courts to grant them custody after the child is born. In other states, the parents are allowed to place their own names on the birth certificate without any screening, if they obtain a pre-birth order allowing it.

If a dispute arises, the outcome varies widely from state to state. In Michigan, the state holds that surrogacy is contrary to public policy and that surrogacy contracts are not enforceable, which is how Ms. Baker so easily had the Kehoe’s guardianship rescinded. Find out more about this child custody case and others like it at Building a Baby, With Few Ground Rules.

The state of Florida regulates surrogacy, with different regulations depending on if the surrogacy is traditional or gestational. If you are considering having a child through surrogacy in Florida, you will need the services of an expert family law attorney. Please contact our firm for expert legal assistance.

November is National Adoption Awareness Month, and to celebrate, Floridians all across the state will gather at special ceremonies and community events. And Florida residents have a lot to celebrate; Florida has been recognized nationally for its success in placing foster children in permanent homes.

The success of the program is attributed to a federal funding program that allowed Florida child welfare workers to focus services on at-risk children. Florida has used the funds to provide services such as parenting classes, counseling, mentoring and enhanced support for relative adoptions. The program has reduced the number of children living in foster care and group homes by a third and has cut the re-abuse of children in half. The resulting reduction in caseloads has allowed child welfare workers to focus on getting foster kids adopted, which they have done in record numbers as well.

The program does face some problems going forward. Across the board state budget cuts could mean that Florida will fail to meet minimum state funding requirements to qualify for the federal program. And whether or not Florida makes the funding cut, the program will expire in two years. Find out more about Florida’s foster kids at Celebrate adoption.

The adoption process for anyone is delicate, and it is important to look at all aspects of your decision. Having someone leading you through it all can be helpful and make the process much easier to understand. If you are considering adoption, please contact our firm for legal assistance.

Alex Sink is the chief financial officer of Florida, and considered the leading democratic candidate for governor of the state. She recently addressed 300 attendees at a gay rights group fundraising dinner, telling them that she believed homosexuals should be legally allowed to adopt children, as long as it is in the child’s best interest. She said that judges should determine what is in a child’s best interest on a case by case basis. Florida is currently the only state to explicitly ban homosexuals from adopting.

Ms. Sink's opponent, Republican Bill McCollum, has said he would defend Florida’s ban on gay adoption. The debate comes at a time when a state appeals court is considering the case of a gay man in North Miami who wants to adopt his two foster children. The race between McCollum and Ms. Sink is considered close. Find out more about how gay issues are affecting the race at Sink backs adoption by gays, lesbians.

Any adoption will require legal pleadings, documents and proper notice. The adoption of a child is an important decision that should be handled with the services of a family law attorney to make sure procedures are followed correctly. If you are considering adoption, please contact our firm for expert legal support.

TV cooking show host Mary Jo Eustace was not very well known until her husband, actor Dean McDermott, divorced her to marry heiress and famous Hollywood actress Tori Spelling in 2006. McDermott and Spelling met on the set of a lifetime movie they were working on together. Ms. Eustace has said she was taken by surprise when her divorce garnered major media attention.

Ms. Eustace has said that her divorce was a shocking surprise as well as very public and humiliating. One of the insults the newly married couple heaped on Ms. Eustace included offering to produce a reality show where Ms. Eustace looks for a new husband. Ms. Eustace declined, and instead is launching her own reality show, which will help women in midlife reinvent themselves after divorce. And she has written a book to tell the world about the pains of her divorce; the book is entitled Divorce Sucks: What to Do When Irreconcilable Differences, Lawyer Fees and Your Ex's Hollywood Wife Make you Miserable.

In the book she talks about the divorce and her reaction to it, which has included getting over the betrayal of her husband and making more time for herself. You can read more about the new book at Life after divorce: Mary Jo Eustace enjoys her second act.

Divorce is very hard emotionally for all parties. Many people going through a divorce , especially those left for another person, are filled with anger and sadness caused by the actions of their former partner. Ms. Eustace’s book shows that, while divorce is difficult, it may the answer to a happier life. If you are considering divorce, please contact our firm for expert, compassionate legal counsel.

In Florida, the courts in Miami overturned the ban on gay adoptions in August 2009. Judge Cindy S. Lederman wrote in her opinion that excluding gay couples defeats Florida’s mission to provide all children permanent families. The state has claimed that gays are more likely to suffer from psychological imbalances and substance abuse than heterosexual couples, although several well-respected organizations have said that gay parents do not negatively affect a child’s upbringing.

A statewide resolution must be determined by an appellate court before the ban is officially lifted. Florida is the only state to ban homosexuals from adopting children. A few other states prevent unmarried persons from adopting children, which effectively bans gays, who are not legally allowed to marry in those states. Mississippi allows single people to adopt, no matter what their sexual orientation, but prohibits same-sex partners from adopting jointly.

The state attorney general's office has appealed the decision so the gay and lesbian community in Florida await the decision to see if they will have the "right" to adopt in Florida.

If you are considering adoption or another family matter that may require legal guidance, please contact our firm.

Find out more about this topic at Judge overturns Florida ban on adoption by gays.

latter@woodatter.com

As an attorney Jacksonville, Florida I have handled stepparent adoptions and seen the incredible impact and purpose it has for a family. If you are married and your child views your spouse as their parent, then you are probably wanting to pursue a stepparent adoption action. Whether you were previously married or had a child out of wedlock, and the other parent has not been in your child's life, then your current spouse and you may have discussed a stepparent adoption.
There are a few steps in getting a stepparent adoption and it is wise to discuss your case with an attorney that has experience in the area. However, to bring a few important issues to light I will explain the process.
1. If you are the Mother of a child and have not spoken to the child's father or have no way of contacting the child's father, then you may have to do a request into the Office of Vital Statistics Putative Father Registry. If no one has claimed that he may be the father of your child, then you will receive a certificate stating such.
2. An Affidavit of Diligent Search may need to be filed with the Court, which proves that you have looked for the other parent and have been unable to locate him/her.
3. If you do know where the other parent is, then he/she may voluntarily consent to the Termination of Parental Rights.
4. If the other parent refuses to consent, but has been absent from the Child's life for an extensive period of time, then you may file a Petition for Termination of Parental Rights that lays out the groundwork for why his/her rights should be terminated.
5. Once any or all of the above is completed, then you can file a petition for stepparent adoption.
In so doing, the stepparent is basically telling the court that she/he will be responsible for the wellfare and financial responsibilities of the Child. That she/he understands and consents to the Child having the right to claim to be his/her natural child for purposes of inheritance. That she/he has the financial ability to provide for the Child now and even if the parties (husband and wife) were to divorce.
It's an amazing process. While it sounds difficult due to the actions needed in steps 1 through 4, it is often quite simple and painless for the parties seeking the action. The reality is that the Court wants to know that the actions are in the best interest of the child. It is always better for a child to have two parents when available.

latter@woodatter.com

In Jacksonville, Florida, as a family law attorney, I receive questions about terminating parental rights. This is not an easy process since there are many protections in place for parents. I will probably do a series of blogs on this topic in order to cover each area, but we will start with the consent and agreement of both parties.
If a parent would like to terminate his/her parental rights, then there are certain things that must be in place. The following would be required:
1. There is another person to take the role of mother/father both emotionally and financially.
2. The parent is doing so knowingly with full understanding and willfully.
3. The termination is in the best interest of the child.

If these things are met, then the Court may grant termination of parental rights. The difficulty is, this does not alleviate child support that may be due from years of nonpayment. If a parent owes child support arrearages (back child support), then the termination of their rights does not alleviate or diminish the back child support to be paid.
The only time that can go away is if the other parent (non-terminating) is willing to forgive any and all arrearage. However, if the payments were through the state's Department of Revenue, then even agreeing does not end the State's interest in collecting that money on behalf of the Child.
If this is something that you are interested in pursuing, it is best to work with an attorney on this matter whether your are the one terminating or the one requesting termination.

Written By: Lenorae Atter, Jacksonville Family Law Attorney
latter@woodatter.com
Stepparent and Guardianship adoptions in Florida are a growing interest and as a Jacksonville family law attorney, I find the statute only gets the process so far. In handling the adoption, there are many different ways for issues to arise and it is helpful to have someone on your side to walk you through the process.
Nuances have been created throughout the years, not by Florida Statute, but by continuous case law. When dealing with adoption, the last thing a party wants is for someone to be able to come back into the picture claiming to have rights to the child. If you are interested in pursuing an adoption of your stepchild or you are currently the legal guardian for a child and would like to adopt, I advise you to at least consult with an attorney on the matter. Protect the child from the beginning, so no one rears their head in a couple years claiming that the adoption was not done correctly.

Florida Times Union ran a story regarding a breakthrough in Grandparent Adoption. For the last four years, since their parents' deaths, two children have been at the center of a legal battle with both sets of grandparents at the helm. last week there was a major change in Grandparent Adoption in Florida.
The landmark decision by the Florida Supreme Court was that the maternal grandfather, George Smith and his wife, Brenda could adopt the children. George and his wife, Brenda petitioned to adopt the children approximately one month after the children's father, Eduardo Silvils, died in a car accident. The children's mother had previously died, leaving the children without a parent.
Silvils’ parents, who were not named in court documents, soutght guardianship of the children instead of adoption. The guardianship was designed to provide the children with a home and family to take care of them. The Silvils' believed it to the best for all parties because both sets of grandparents would have the opportunity to see the grandchildren, while an adoption could bar them from contact with their grandchildren.
After court action, which sided with the Silvils', the Florida Supreme Court ultimately found that a split guardianship is, "the antithesis of the right to permanence and stability that is afforded by adoptions.”

International adoptions are popular not only among Madonna and Angelina Jolie, but Jacksonville, Florida residents as well. As a family law attorney I have clients call once they adopted out of the country and they want to make certain their adoption is legal in the U.S. and in Florida.
Once a child is adopted by a foreign court that document finalizing the adoption can be accepted by the Florida courts as well. The procedure for doing so is important to protect yourself and any issues that may arise regarding that child.
The Florida courts do recognize foreign decrees, foreign orders, but you must petition the court to recognize the decree or order. It is best to speak with an attorney regarding this matter to make certain that all requirements are met from the beginning to speed up the finalization of your adoption which has clearly been a long time coming at this point.

Madonna's, have made the news for years in Jacksonville, Florida and throughout the country. As a family law attorney in Jacksonville, I have clients call to find out the process for such adoptions.
The reality is, as evident in Madonna's current court case in Africa, each country has different adoption laws. In Malawi, where the child resides in Madonna's case, there is a residency requirement for adoptions. That issue, not the paternity issue, is actually what's holding things up for the adoption of Chifundo James. Madonna, feeling that celebrity and money can beat laws, is now caught up in the court system to show the best interest of the child is to be adopted regardless of the residency requirement.
This case is a good example of why the normal adopting family should first look into the laws associated with the country they would like to adopt from. You don't want to get in a situation where you required to relocate for a significant period of time if you don't have to. It's best to contact an attorney where you live to help you in your process from the beginning.

Most people know that Florida is only 1 of 2 states in the country that does not allow homosexuals to adopt. Many people who are in committed same-sex relationships come to my practice in Jacksonville, Duval County, Florida, from surrounding counties such as Clay, Nassau, Putnam and St. Johns to find out how they can protect their rights as a parent in the current legal market banning gay adoptions. Most of the time, I can try to protect a non-biological parent's rights through estate planning, i.e. drafting a will or parenting agreement and treating it as a contract instead of an adoption. However, the Florida Supreme Court has now decided as recently as May 13, 2009, in the case of Embry v. Ryan, that same-sex parents who have adopted a child in another state will have that parentage and adoption recognized here in Florida through the Full Faith and Credit Clause of the U.S. Constitution. This is a giant step for Florida in joining 48 other states who allow same-sex adoptions. Mississippi is the only other state to ban same-sex adoptions. Do you think this decision will now mean that Florida will have to recognize gay marriages? Let me hear from you. If you have an adoption issue or any other family law matter such as divorce, child custody, child support, alimony or distribution of assets and liabilities, please call our firm at 904-355-8888. I look forward to hearing from you.

As a Jacksonville, Florida family law attorney, I have many inquiries regarding adoptions. Recently, the interest in adoptions seems to be growing, possibly due to celebrities like Angelina Jolie and Madonna. Their adoptions have made national news more than once. However, in a struggling economy, I was curious about how adoptions are being impacted and recently heard a news story on NPR related to the issue and now discovered a news article in US Today on the same topic.
According these stories, it appears that at adoption and the option for it has grown exponentially due to the economy. Many more women, especially those with children already, are choosing to place their newborns up for adoption. This decision is being exercised at a time when families are struggling to feed the ones in their home, but also want to provide life and a family to others. Those unable to have children are grateful for the influx in available babies right here in the U.S. and in Florida. At a time when people are struggling to put gas in their cars, the country's women have decided the ultimate sacrifice is their calling and these women and their families are providing others with a chance at what was once perceived as virtually impossible.
There really is a silver lining for a recession.

Stepparent adoption is common in Jacksonville, Florida, where we, Wood, Atter & Wolf, P.A. is located. Florida recognizes adoption by a stepparent to be commonplace and tries to make the process easy on all parties. Consent of the nonparticipating parent is the best way to gain adoption rights of the child. However, some situations do not require consent of the parent.
Stepparent adoption is usually achieved when a parent remarries and the other parent has not consistenly participated in the child's life. Upon the primary parent's marriage, the new spouse offers to adopt the child so that the child can have an intact and stable environment with a mom and dad. Florida courts, looking at the matter in the best interest of the child, are happy to provide such a family unit to a child.
Typically, a nonparticipating parent is fine giving up their parental rights to the child, because it alleviates the need to pay future child support and they understand that the child has a chance at a two parent home. If the other parent is willing, then it is best to get them to sign a consent terminating their parental rights. This process is the easiest method for all parties.
When a consent to the termination of parental rights is signed, Florida still provides a loophole to the terminating parent. If the child is over 6 months old at the time, then the rights terminating parent has only 3 days to rescind the consent, or until the child is placed in the adopting parent's home, whichever is later.

The Florida Supreme Court will be deciding the issue of whether the Florida Constitutional provision stating that gays and lesbians and transgendered people in the State of Florida cannot adopt is constitutional. Miami-Dade Circuit Judge, Cindy Lederman, has ruled that the law declaring that homosexuals in Florida cannot adopt violates the equal protection clause of the Constitution. The Court in Miami-Dade applied the best interests of the child standard in reviewing the antiquated law and decided that it would be in the best interests of the child if the child remained with the two men who had raised him and cared for him and loved him while he was their child in a foster care situation.
Florida is the only state that bars gay adoption by its constitution. Now that the Circuit Court has ruled the provision unconstitutional, the Florida Supreme Court has stepped in to make a decision on the actual constitutionality of the issue. The case has sparked many concerns and interests throughout Florida and the rest of the country. Recently the Florida Family Law Section of the Florida Bar has gotten involved with the brief process due to the overall interest and best interest standards for children. The Family Law Section is a separate division from the Florida Bar, but many have publicly protested the entry of the Florida Bar in any form. However, the Family Law section feels the need to get involved in this matter due to the overall interests in protecting rights of Florida's prospective adopting parents, and the rights and best interests of children that are currently in need of a permanent home.

Florida Adoptions are governed by Chapter 63 of the Florida Statutes. In Jacksonville and surrounding areas, the court will look to Chapter 63 in handling the many areas of adoption that arise. The different types of adoptions are the following:
1. Private adoptions
2. Step-parent adoptions
3. Grandparent adoptions
4. All types of domestic and international adoptions.

Each form of adoption has a different procedure that is governed by the Florida Statutes. It is extremely important when adopting your new family member to choose a professional who has experience in dealing with all types of different adoption classes. Adoption costs can vary depending on the form of adoption sought. Most adoptions range in price depending on the type of adoption, the attorney's practice and the issues involved in the matter.

There are organizations that can help, but ultimately an attorney will need to be involved in the process. Hiring your own attorney can be beneficial because the movement of your adoption can be governed by the attorney's hands-on approach. The process is a delicate one and it's important to look at all aspects of your decision. Having someone leading you through it all can be helpful and make the process much easier to understand.

In Florida, the Department of Children and Families (DCF)is designed to protect children. The goal is not to shatter the home, but to protect the safety and welfare of the children. In its protective role, DCF can act in more of a prosecutorial manner and rather than seeing an incident as a possible accident, they become more accusatory in nature.
Some of the consequences of DCF involvement is that they have the ability to remove children from your home pending an investigation and during the completion of a case plan, which could take from 6 months to a year, or more. If the case plan is not properly completed, then DCF has the ability to petition the courts to declare the child(ren) dependent on the state, terminate parental rights and place the child(ren) in foster care or up for adoption.
Our firm has represented numerous parents and grandparents who have faced DCF charges for putting a child or children in harms way. The reality is that DCF can have an awful impact and disruption on your family and representation is important.

Sarah Palin's daughter was 17 years old and pregnant, Jamie Lynn Spears was 16 and pregnant, and most likely your Florida teen knows someone in high school that's pregnant. Taking the political nature of the question out, as in Pro Life or Pro Choice, what are the options one has?
I'm pretty certain that many of these young girls really don't want to get married right now, but obviously that is an option. But, does it really solve the problem? In Florida we recognize that parents have the right to child support, so the old fashioned idea of pregnancy equals marriage is not really necessary. In fact, it statistically causes more problems later since the majority of marriages that end are due to the couples being too young when they got married.
Another answer is for a paternity test to be done and filed with the court in order to prove the child does have a father, and hold that father responsible for any child support obligations. In teen pregnancy the mother and father are sometimes in school, but the court can impute income for child support to be assessed. Also, the child does have the option of going on state funded medical insurance. However, this is a tough road altogether and it's important to make certain you're making the right choice.
The option that is often overlooked because emotions control is adoption. Adoption is a great way to provide a good home for a child and make certain that all of the child's needs are being met. The popular movie "Juno" focused on a 15 year-old making that decision and though it was a movie it actually did a great job of showing how many good parents there are that are not capable of having them on their own. For a teenage girl willing to carry a child for 9 months, but not being able to recognize the long responsibility and affect the choice will have on her life, adoption is a wonderful option.
Any of these options are available, but making certain that all parties, especially the child are cared for properly, it would be beneficial to meet with a family law attorney that handles these types of issues on a regular basis.

A Florida Circuit Court Judge has ruled that a 31 year old ban on gay adoptions is unconstitutional. The Judge allowed the adoption of a openly gay foster parent of a teenage boy that she had raised since 2001. The case was reported in the Miami Herald. The Judge noted that he made his decision on the best interest of the child rather than the law that was passed back in 1977.

The role of the attorney is to interpret laws and pursue cases on behalf of clients. While there is a ban on gay adoptions in the State of Florida, it appears that some Judges are willing to violate statutes in order to challenge the laws to determine if the Florida Supreme Court or the United States Supreme Court will ultimately rule on the issue to confirm the laws in place or in the alternative make new laws.

Section 63.042, Florida Statutes - Who May Be Adopted, Who May Adopt provides that no person is eligible to adopt if that person is a homosexual.

Adoptions of any nature require legal pleadings, documents and proper notice. The Adoption of a child is such an important decision in life that should not typically be handled with the services of a Family Law Attorney to make sure procedures were followed. The Adoption of a child is a wonderful thing that should uphold any challenge down the line.