Legal Question in Family Law in Florida

Adopting my stepson

I have been raising my sweet boy since he was four. He is now 17. I would love to adopt him for his 18th b'day. Does his biological mom have any say in this matter. She has not seen or been in contact with him since he was 10 months old.

Thank you very much for your time,

Mom


Asked on 3/05/09, 11:28 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Adopting my stepson

Other than paper work, this should not be difficult.

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Answered on 3/05/09, 8:55 pm
Brent Rose The Orsini & Rose Law Firm

Re: Adopting my stepson

When he turns 18, you will not need his biological mother's consent. Until then, you'd technically have to terminate the biological mother's parental rights for you to be able to adopt him, but, given that she hasn't since him in all these years, that shouldn't be much of a problem.

You should get a lawyer to help you whether you do this before or after he turns 18.

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Answered on 3/05/09, 11:48 am
William Gwaltney William W. Gwaltney, Attorneys at Law

Re: Adopting my stepson

I commend you on your decision to adopt your step son. The process of adoption doesn't have to be complicated and can be very smooth if you hire an experienced attorney to assist you.

Adult adoptions are generally easier than minor adoptions, and even though the process is simpler, some jurisdictions still require that notice be provided to the biological parent, and believe it or not she could object. However, the court will adhere to the wishes of your stepson as he will be an adult, in most cases.

If you wish to proceed prior to his 18th birthday this can still be accomplished after his biological mother's parental rights are terminated. If she has been out of his life as you say then there is likely not going to be any objection by her and she could even voluntarily waive her rights.

The best thing you can do is contact an attorney with adoption experience and schedule a consultation to review your specific situation and advise you directly. My office handles adoptions regularly and I would be happy to meet with you if you choose. You did not indicate where in Florida you live, but my firm services North and South Florida.

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Answered on 3/05/09, 1:29 pm


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