Step-Parent Adoption
Florida law allows a step-parent to adopt a biological parent’s child(ren), giving the step-parent all the rights and obligations of a biological parent. A step-parent must be legally married to the child’s parent. The biological parent will need to consent to the step-parent adoption. However, there are certain circumstances where consent of the biological parent is waived. Consent is waived in certain circumstances, such as if the parent has abandoned the child(ren), their rights have been terminated in another proceeding, or they have been declared incompetent.
When a biological parent does not consent to the adoption, the following steps must be taken:
- A Petition for Adoption must be filed and served on the biological parent.
- The biological parent has 20 days to file a response objecting to the adoption.
- Failure to object within the deadline may result in the court automatically granting the adoption.
- A trial will be held, and the Judge will decide whether to approve or deny the adoption.
Until a step-parent adoption is finalized, the biological parent remains legally obligated to pay child support. If the biological parent owes child support arrears, they will still be responsible for those payments even after the adoption is finalized.
Once the step-parent adoption is complete, the biological parent no longer has any legal rights or financial obligations toward the child(ren).
For additional information or questions regarding a Step-Parent Adoption, contact Attorneys at Law Joseph M. Corey, Jr., P.A. at (305) 557-1750 for a FREE consultation. Payment plans available and credit cards accepted.