What kind of adoption petition?

[Gracie3787]

What is the name of your state? Florida

I'm hoping that someone can give me some guidance on what kind of petition for adoption that my daughter should file.
My son and DIL had a child (Brian), who at the age of 1 was removed from thier custody by the state. My daughter took custody, 6 months later the court terminated my son and DIL's parental rights and my daughter then adopted Brian as a single mother.

My daughter is getting married next month and her fiance wants to adopt Brian as soon as they are married. My daughter spoke to an attorney today and was told that the fee would be between $4,500 to $5,000. Since there isn't another legal parent to notify or contest, I told her that this can be done pro-se. I checked the site for the forms at www.flcourts.org but I'm confused as to which petition she should use.

Since she is the only legal parent can she, or they, file the form for a step-parent adoption and attach a copy of the parental termination and adoption papers? Basically, I'm guessing that since she is the only person who has to give consent, the process should be very easy, am I correct? (my grandson is 5 yrs old).

Any help will be greatly appreciated.
GracieWhat is the name of your state?

 

[Gracie3787]

LOL, I guess everyone else is as confused as me. Ok, another question: in this situation is an adoption even needed, can the same thing be accomplished by them doing a name change and then have the BC amended?

 

[nextwife]

LOL, I guess everyone else is as confused as me. Ok, another question: in this situation is an adoption even needed, can the same thing be accomplished by them doing a name change and then have the BC amended?

I'm not at all confused. Daughter did a kinship adoption.

Gracie, your daughter truly should wait until she's married at least a year, and then decide to pursue a step adoption. The BC cannot be simply amended to add another adoptive parent. The court granted the adoption to ONE parent. The additional parent must also adopt.

Florida Adoption Statute Summary

Florida Statutes Sections 63.012 to 63.301 (1997)

Who Can Adopt?
The following people whose primary residence and place of employment are in Florida may adopt:
1. an unmarried adult, including the birth parent;
2. a husband and wife jointly; or
3. an unmarried minor birth parent.
A stepparent may adopt without his spouse joining in the adoption as long as the spouse consents to the adoption. A married person may adopt without the other spouse if the spouse's failure to consent is excused by the court.

In the case of a special needs child, Florida residency is not required. A homosexual may not adopt. No person can be prohibited from adopting solely because he or she is handicapped, unless the Department of Children and Familes determines that the handicap makes him or her incapable of being an effective parent.

Who Can Be Adopted?
Any person can be adopted.

Consent to Adoption
Written consent is required of the following people:
1. the mother of the adoptee;
2. the father of the adoptee if
a. the child was conceived or born while he was married to the mother,
b. he has adopted the child
c. the court determined the child is his,
d. he has acknowledged and filed a writing that he is the child's father, or
e. he has provided the child with support in a repetitive customary manner;
3. the adoptee, if older than 12 years of age, unless the court waives the adoptee's consent; and
4. any person entitled to custody of the child, if so required by the court;
5. If, due to previously terminated parental rights, a child is placed in a licensed child-placing agency or by the Department of Children and Familes, consent may be given by such agency or the Department.
Consent is not required of the following people:
1. a parent who has deserted a child, whose parental rights have been terminated, or who has been declared incompetent;
2. a legal guardian or lawful custodian who has not responded in writing to a request for consent for a period of 60 days, or who has unreasonably withheld consent; or
3. the spouse of the adoptee, if the spouse's failure to consent is excused by the court, or if the spouse has unreasonably withheld consent.
A good-faith and diligent effort must be made to obtain consent within 60 days after filing the petition. Consent is binding from the time it is given, unless the court finds that it was obtained by fraud or duress.

 

[Gracie3787]

I'm not at all confused. Daughter did a kinship adoption.

Gracie, your daughter truly should wait until she's married at least a year, and then decide to pursue a step adoption. The BC cannot be simply amended to add another adoptive parent. The court granted the adoption to ONE parent. The additional parent must also adopt.

Florida Adoption Statute Summary

Florida Statutes Sections 63.012 to 63.301 (1997)

Who Can Adopt?
The following people whose primary residence and place of employment are in Florida may adopt:
1. an unmarried adult, including the birth parent;
2. a husband and wife jointly; or
3. an unmarried minor birth parent.
A stepparent may adopt without his spouse joining in the adoption as long as the spouse consents to the adoption. A married person may adopt without the other spouse if the spouse's failure to consent is excused by the court.

In the case of a special needs child, Florida residency is not required. A homosexual may not adopt. No person can be prohibited from adopting solely because he or she is handicapped, unless the Department of Children and Familes determines that the handicap makes him or her incapable of being an effective parent.

Who Can Be Adopted?
Any person can be adopted.

Consent to Adoption
Written consent is required of the following people:
1. the mother of the adoptee;
2. the father of the adoptee if
a. the child was conceived or born while he was married to the mother,
b. he has adopted the child
c. the court determined the child is his,
d. he has acknowledged and filed a writing that he is the child's father, or
e. he has provided the child with support in a repetitive customary manner;
3. the adoptee, if older than 12 years of age, unless the court waives the adoptee's consent; and
4. any person entitled to custody of the child, if so required by the court;
5. If, due to previously terminated parental rights, a child is placed in a licensed child-placing agency or by the Department of Children and Familes, consent may be given by such agency or the Department.
Consent is not required of the following people:
1. a parent who has deserted a child, whose parental rights have been terminated, or who has been declared incompetent;
2. a legal guardian or lawful custodian who has not responded in writing to a request for consent for a period of 60 days, or who has unreasonably withheld consent; or
3. the spouse of the adoptee, if the spouse's failure to consent is excused by the court, or if the spouse has unreasonably withheld consent.
A good-faith and diligent effort must be made to obtain consent within 60 days after filing the petition. Consent is binding from the time it is given, unless the court finds that it was obtained by fraud or duress.

Thanks. I thought an adoption is needed, but I wasn't real sure so I asked just in case. The attorney told her that they won't need to wait a year since they've been living together as a family for a year and a half. She's trying to save the money by not hiring an attorney because it seems like it should be easy to do without spending so much. But it looks like she'll have to spend the money anyway. Well, I keep trying to win the lottery, maybe I'll get lucky and can give her the money.