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michigan/florida adoption - please help

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A

appleteddy

Guest
What is the name of your state? I'm in Michigan but wondering about Florida adoption law!!!!

Here's the story. I have a friend who's incarcerated in Michigan. He received a letter from the mother of his 2 year old son who said that she was putting the child up for adoption with her aunt and uncle who reside in Florida. He has been identified as the legal father through Affidavid of Parentage, DNA and child support orders in Michigan. I contacted the county where she currently lives and there is no petition to terminate parental rights and no petition for adoption in Michigan. I was told that she could have filed in the state of Florida and just said that there is no dad, as Florida would really have no way to find out. In Michigan it is public record to know if a petition for adoption was filed. I need to know if I can find out if a petition for adoption has been filed in Florida - is it public record. As of today I do not know the name of the potential adoptive parents or even the county they live in but I am willing to contact every county to find out. Does someone know the law regarding access to petition information or how I can go about finding this information so if it has been done we can submit legal papers identifying him as the father. Sorry for the long post and thanks in advance for your help.
 


H

hexeliebe

Guest
What you are looking for is the following:

The 2003 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE Chapter 63
ADOPTION View Entire Chapter

63.062 Persons required to consent to adoption

which can be found here:

http://www.flsenate.gov/Statutes/index.cfm?mode=View Statutes&SubMenu=1&App_mode=Display_Statute&Search_String=&URL=CH0063/Sec062.HTM

Regardless of the outcome or whether or not you or he is in time to stop the adoption (if, in fact, there is one) Florida case law is very specific on adoptions consumated where fraud is concerned (i.e., falcifying a petition for adoption as in stating there is no father)

Sometime ago the Appellate Court in Florida held "there is no statute of limitations on fraud to set aside an adoption". The cases we are relying on to set aside the adoption are: Kupec v. Cooper, 593 So. 2d 1176, (Fla 5th DCA 1992) "Florida courts need to adhere to or enforce the adoptive status or the rights flowing therefrom when the adoption is repugnant to the laws or policies of Florida.", Tsilidis v. Pedakis, 132 So.2d 9 (Fla 1st DCA 1961), Kupec v. Cooper, above. Adoption Hot Line, Inc. v. HRS, 385 So. 2d 682 (Fla 3rd DCA 1980); Trushin v. State of Florida., 475 S.2d 1290 (Fla. 3rd DCA 1985).


There is another issue you will need your 'friend' to deal with and that is the length of time he is in prison. Most states, including Florida, can terminate his parental rights on a finding of no contact for a term of from 1 to 5 years. So, although he may get out of jail sooner or later, his rights may be stripped away and an adoption may be legally binding.

Your best bet here is to contact the following:

Department of Health and Rehabilitative Services (HRS)
Office of Vital Statistics
P.O. Box 210
1217 Pearl Street
Jacksonville, FL32231
 
A

appleteddy

Guest
more info

Thanks for the info...the attorney in Michigan that I talked to said that if there was no communication and/or support for two years then parental rights can be terminated. The mother has brought the son to visit him in prison multiple times over the past two years so there has been contact and communication and friend of the court is aware of his incarceration and suspended payments until his release.

Do you know how I can find out if a petition for adoption has been filed?
 

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