In this answer · 3 sections
Yes, it can be possible. In Florida, a stepparent adoption ends the other parent's parental rights and child support obligation (Fla. Stat. § 63.172). Whether a life sentence changes what the Circuit Court needs to see in your case depends on your facts, so confirm that point with the Circuit Court clerk in your county or an attorney.
How termination works in Florida:
- You do not file a separate termination case. The stepparent adoption in the Circuit Court ends the father's rights at the same time it creates your legal relationship with your child.
- Fla. Stat. § 63.062 covers who must consent to an adoption, and Fla. Stat. § 63.064 covers when consent can be waived.
- If the father will not sign, the court looks at whether the facts fit a waiver. Whether a life sentence fits is a question for the clerk or an attorney.
Abandonment as a possible ground:
- Fla. Stat. § 63.089 addresses abandonment. Florida sets no fixed number of months. Abandonment depends on the parent's overall conduct.
- Things like contact, support, and involvement in the child's life can all matter. A judge looks at the whole picture rather than a calendar count.
- If the father is incarcerated, how that affects the analysis is fact-specific. An attorney can advise you on your situation.
Other points that may apply to you:
- Child's consent: Florida's consent age for the child is 12 (Fla. Stat. § 63.062).
- Home study: Stepparents are exempt from the home study (Fla. Stat. § 63.092).
- Notice and response: How the father is notified in prison, and how long he has to respond, are procedural details the Circuit Court clerk can confirm.
- If he contests: If he objects, the case is contested. Consider speaking with a Florida family law attorney about that specific issue.
Timeline and cost: A stepparent adoption in Florida typically takes about 3 months. Court filing fees generally run $200-$500, and the total is typically under $1,000, compared with $3,000-$5,000+ for an attorney.
Stepparent adoption in Florida at a glance
- Court
- Circuit Court
- Residency before filing
- No minimum period
- Typical timeline
- 3 months
- Court filing fee
- $200-$500
- Child must consent at age
- 12
- Home study
- Usually waived for stepparents
- Florida families we've helped
- 1,228
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