Adoption Florida Blog Post Archives : Family Diplomacy

ADOPTION FLORIDA

The decision to adopt can be overwhelming without the right advocate by your side. At Family Diplomacy we take the time to answer your questions about the adoption process and determine the best course of action for you and your family. We can help whether you are beginning the adoption process from scratch or seeking to adopt a stepchild, close relative, or adult.

STEPCHILD/STEPPARENT, CLOSE RELATIVE, AND ADULT ADOPTION

If you are seeking to adopt a stepchild, close relative, or adult, Florida law has established an accelerated process to help families like yours. At Family Diplomacy we will walk you through the steps that you can take to ensure that your stepchild, close relative, or adult adoption progresses in a smooth and expedited manner.

SAME-SEX ADOPTIONS AND ADOPTION OPTIONS FOR THE LGBT COMMUNITY

Florida now has adoption options for the LGBT community. You may have questions regarding same-sex adoptions or the possibility to become a second parent to your partner’s children. Family Diplomacy will provide you with an overview of your family rights and tailor a plan for your specific situation.

COLLABORATIVE ADOPTION

If you are considering an open adoption, where a biological parent will continue to have contact with the child even after the adoption is finalize, then Family Diplomacy strongly recommends you consider the Collaborative Adoption Process. In the Collaborative Process, each party is represented by an attorney who is there solely to help the parties reach an agreement on finalizing the adoption and developing a post-adoption visitation plan. A neutral social worker or other professional is retained to help foster a relationship and facilitate communication between all parties.

Baby Veronica Adoption Case Decided By U.S. Supreme Court

June 25, 2013/0 Comments/in Adoption, Case Law Update //Tags: adoption, cherokee tribe, Florida adoption, Indian Child Welfare Act, non-relative adoption, prospective adoptive parents, termination of parental rights, U.S. Supreme Courtby Adam B. Cordover, Attorney-at-Law

I have previously written about the adoption case of Baby Veronica. In this case, a South Carolina court ordered a child to be taken from her prospective adoptive parents’ home and to be placed in her biological father’s home even though the father had abandoned the child and consented to the adoption. The court’s logic was that, because the child’s father was a member of the Cherokee tribe – and so Baby Veronica was a member of the Cherokee tribe – the Indian Child Welfare Act (“ICWA”) applied. Accordingly, the South Carolina trial court concluded, the prospective adoptive parents failed to prove that the adoption (i) was both in the child’s best interests and (ii) did not infringe on the rights of the Indian tribe. The South Carolina Supreme Court affirmed the trial court’s decision.

I wrote in July 2012 that the South Carolina Supreme Court should not have applied the ICWA because the father had abandoned the child, voluntarily waived his parental rights, and consented to the adoption. I also wrote that the case likely would have been decided differently by Florida courts.

Well, the prospective adoptive parents appealed this matter to the U.S. Supreme Court, and, as it turns out, the majority opinion agrees with me.

I’m An Adult. Can My Stepparent Adopt Me?

June 15, 2013/0 Comments/in Adoption, Florida Statutes //Tags: adoption, adoption entity, adult adoption, close relative adoption, Florida adoption, non-relative adoption, stepchild adoption, stepparent adoption, Tampa Bay Adoptionby Adam B. Cordover, Attorney-at-Law

When people think of adoption, they generally envision an adult adopting a minor child. The adult may be a close relative or stepparent of the child, or not related to the child at all, but this is seen as the norm.

But can an adult adopt another adult? Can a stepparent adopt an adult stepchild?

Five Legal Steps Florida LGBT Parents Should Take

May 21, 2013/17 Comments/in Adoption, Collaborative Divorce, Legal Name Change //Tags: adoption, adoption entity, adoption intermediary, bisexual parental rights, bisexual rights, change of name, co-parenting, collaborative attorney, collaborative divorce, collaborative facilitator, collaborative family law, collaborative financial professional, Collaborative Law, collaborative mental health professional, collaborative practice, domestic partnership agreement, domestic partnership registration, domestic partnership registry, Florida adoption, gay adoption, gay and lesbian parents, gay marriage, gay parental rights, gay partnership agreement, gay rights, lesbian adoption, lesbian parental rights, lesbian rights, LGBT family law rights, name change, non-relative adoption, second parent adoption, Tampa Bay Adoption, Tampa Bay Collaborative Divorce, Tampa Bay Collaborative Family Law, Tampa Bay Name Change Attorney, transgender parental rightsby Adam B. Cordover, Attorney-at-Law

The unfortunate truth is that current Florida law is not conducive to recognizing the relationships that develop in lesbian, gay, bisexual, and transgender families. However, there are steps that Florida and Tampa Bay LGBT parents can take to boost the recognition of their parental rights.

Adoption

If LGBT parents are committed to raising a child together and recognizing each parent’s rights, I highly recommend that partners consider adopting each other’s children. This helps form an unbreakable legal bond between the children and each partner. Though the law is not completely settled in this area, the judges in Hillsborough County (including Tampa) are granting adoptions by LGBT partners. What’s more, an adoption attorney located in Hillsborough County (such as myself) can help Florida parents come before Hillsborough County judges no matter where in Florida the parents live.

Co-Parenting Agreements

Co-parenting agreements can be great evidence that LGBT partners intend to parent children together. It can boost the argument that “psychological parenting,” or the formation of a parent-like relationship between a child and a non-legal parent, has occurred and make it or more likely that parental rights will be recognized by Florida’s legal system.

Hyphenated or Unified Last Names

A hyphenated or unified last name can go a long way in demonstrating to the Florida legal system that partners intended to raise children together. For example, if partner 1 is named Jones, and partner 2 is named Smith, it would be helpful to have all partners and children’s last names hyphenated or unified, so that everyone has a last name of Jones-Smith, Smith-Jones, Smones, Jith, etc. Florida has laws to aid in legal name changes.

32 Year Old Man Legally Adopted

March 17, 2013/0 Comments/in Adoption //Tags: adoption, adoption entity, adoption intermediary, adult adoption, Florida adoption, Tampa Bay Adoptionby Adam B. Cordover, Attorney-at-Law

CNN has been reporting the story of Maurice Smith, a man who was adopted by his foster parents. Mr. Smith was an adult (32 years old) at the time of the adoption. Below is the video:

As in this story, adults may be adopted by their foster parents in Florida.

I am an Adult – Is it too Late for My Florida Foster Parents to Adopt Me?

January 13, 2013/1 Comment/in Adoption, Florida Statutes //Tags: adoption, adoption entity, adult adoption, Florida adoption, foster children, foster parents, Tampa Bay Adoptionby Adam B. Cordover, Attorney-at-Law

Many Florida foster parents and foster children have the mistaken belief that, once a child turns 18, he or she is no longer eligible for adoption. In fact, Florida Statutes section 63.042 states explicitly that “[a]ny person, a minor or an adult, may be adopted.”

When teenagers come to live in a foster home, they oftentimes do not want to be adopted as they are seeking to exert their independence and may see adoption as a hindrance to that independence.

However, as children become older and more bonded to their foster parents, they may come to appreciate the permanence that comes with adoption. Further, as foster children become adults, and begin thinking about starting their own families, they may come to realize that they want their children to have grandparents.

Fortunately, Florida has expedited procedures for adult adoption.

Baby Veronica Adoption Case Goes To U.S. Supreme Court

January 6, 2013/1 Comment/in Adoption //Tags: adoption, Florida adoption, Indian Child Welfare Act, non-relative adoption, U.S. Supreme Courtby Adam B. Cordover, Attorney-at-Law

In July 2012, I wrote an article on Florida Adoptions and the Indian Child Welfare Act which discussed the case of Baby Veronica. This is a case in which a biological father who belonged to the Cherokee Indian tribe objected to the adoption of his daughter after he had already signed a consent to the adoption.

In his objection, the biological father cited the Indian Child Welfare Act, a federal law enacted in the 1970’s which states that, when determining whether and adoption for a child who is a member of an Indian tribe should be granted, the Court must take into consideration not only the best interests of the child, but also the best interests of the Native American tribe.

The South Carolina Supreme Court ruled in favor of the biological father, but the prospective adoptive parents have appealed the ruling and the U.S. Supreme Court has agreed to take up the case. Below is a report from CNN:

A Tampa Adoption Story

December 24, 2012/0 Comments/in Adoption //Tags: 13th Judicial Circuit, adoption, adoption entity, Florida adoption, Hillsborough County, non-relative adoption, Tampa Bay Adoption, thirteenth judicial circuitby Adam B. Cordover, Attorney-at-Law

Jeff Stidham posted the following Tampa adoption story on the website of Hillsborough County’s Thirteenth Judicial Circuit:

Three weeks before their fifth anniversary, Ali and Tonya Muhammad began preparing for a new arrival: a baby boy destined to become one of their own. They welcomed young Marcus on Nov. 5, 2010, three days after his birth. Their anniversary.

And so began a two-year journey toward adoption that concluded Nov. 16 on National Adoption Day, when Marcus, now called Sameer, became part of a “forever family.”

Read more →

January 2013 Conference for Florida’s Adoptive Parents and Prospective Adoptive Parents

November 11, 2012/0 Comments/in Adoption //Tags: adoption, adoption entity, adoption intermediary, adult adoption, Florida adoption, gay adoption, lesbian adoption, non-relative adoption, second parent adoption, stepparent adoption, Tampa Bay Adoptionby Adam B. Cordover, Attorney-at-Law

Florida’s Adoption Information Center is holding a conference on Saturday, January 12, 2013, in Jacksonville, Florida, for adoptive parents and prospective adoptive parents.

Florida’s Adoption Information Center was “created by the Florida Legislature to serve as a clearinghouse in every area of adoption. The Center has served more than 175,000 people since opening in 1994. As a free service, the Adoption Information Center provides adoption information and referral services to adoptive parents, adult adoptees, birth relatives, pregnant women and professionals.”

Below is the agenda for the conference:

Video: Same Sex Couple Adopts Child in Florida

November 1, 2012/0 Comments/in Adoption //Tags: adoption, adoption entity, adult adoption, close relative adoption, Florida adoption, gay adoption, lesbian adoption, second parent adoption, stepchild adoption, stepparent adoptionby Adam B. Cordover, Attorney-at-Law

The video below from WPTV News showcases a Florida same sex couple who were able to finally and legally expand their family by adopting a foster child for whom they had long looked after:

Hillsborough County is a venue that is also friendly towards LGBT families looking to adopt. Even if you do not live in Hillsborough, you may have your same sex adoption take place in Hillsborough County if you retain an adoption entity located in the county.

Mandatory Disclosure in Florida Family Law Cases

October 31, 2012/0 Comments/in Adoption, Florida Family Law Rules of Procedure //Tags: adoption, alimony, child support, contempt, divorce, enforcement, equitable distribution, family law procedure, financial affidavit, mandatory disclosure, property division, simplified dissolution of marriageby Adam B. Cordover, Attorney-at-Law

The Florida Supreme Court provides the following commentary on Mandatory Disclosure in Florida family law cases:

Rule 12.285, Florida Family Law Rules of Procedure, requires each party in a dissolution of marriage to exchange certain information and documents, and file a Family Law Financial Affidavit, Florida Family Law Rules of Procedure Form 12.902(b) or (c). Failure to make this required disclosure within the time required by the Florida Family Law Rules of Procedure may allow the court to dismiss the case or to refuse to consider the pleadings of the party failing to comply. This requirement also must be met in other family law cases, except adoptions, simplified dissolutions of marriage, enforcement proceedings, contempt proceedings, and proceedings for injunctions for domestic or repeat violence. The Certificate of Compliance with Mandatory Disclosure, Florida Family Law Rules of Procedure Form 12.932, lists the documents that must be given to the other party. For more information see rule 12.285, Florida Family Law Rules of Procedure, and the instructions to the Certificate of Compliance with Mandatory Disclosure, Florida Family Law Rules of Procedure Form 12.932.