Hi, How Can We Help You?

Blog

Relative Adoptions in the Orlando, Florida Area

If you’re a relative and want to adopt the child/children that currently live with you and that you care for as if they were your own children; what do you need to do?

First, if you can get consent to adoption by the natural parents, that is the best thing to do. It also makes it a lot easier on you regarding the adoption proceedings. If the parents were not married when the child was born, then you need to check that putative father registry too. The putative father registry certificate is filed with the court when you receive it from Vital Statistics.

Florida Statute 63.062(1) provides that the consent of certain persons is required before an adoption petition may be granted. Florida Statute 63.062(1). Nonetheless, a finding of abandonment under Florida Statute 63.089(3) waives the consent requirement of any person under Florida Statute 63.062(1).

Abandonment means a situation in which the parent or person having legal custody of a child, while be able, makes little or no provision for the child’s support or makes little or no effort to communicate with the child, which situation is sufficient to evince an intent to reject parental responsibilities. If, in the opinion of the court, the efforts of such parent or person having legal custody of the child to support and communicate with the child are only marginal efforts that do not evince a settled purpose to assume all parental duties, the court may declare the child abandoned. In making this decision, the court may consider the conduct of a father towards the child’s mother during the pregnancy.

Florida Statute 63.089(4) provides that a finding of abandonment under section 63.0042 (1) must be supported by clear and convincing evidence and identifies additional factors for court’s consideration:  A finding of abandonment may also be based on emotional abuse or refusal to provide reasonable financial support, when able, to a birth mother during her pregnancy or on whether the person alleged to have abandoned the child, while being able, failed to establish contact with the child or accept responsibility for the child’s welfare.

If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden, an Orlando adoption attorney at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.

This article is for informational purposes only; and it does not form an attorney client privilege.

Share Post