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Can I adopt my stepchild if the bio parent only sends texts to my spouse but never contacts the child in Florida?

3 min readHelping families since 2001Florida
In this answer · 3 sections

Yes, it may be possible, but it turns on the biological parent's overall conduct toward the child. In Florida, abandonment under Fla. Stat. § 63.089 has no fixed number of months. The Circuit Court looks at the whole picture rather than counting days since the last contact.

What this means for your situation:

  • A parent who only texts your spouse and never contacts the child is a fact pattern the judge would weigh, not one with a set outcome.
  • Because no waiting period is built in, there is no month count to reach before you can ask the court to consider abandonment.
  • Whether these particular texts change the outcome depends on your facts. An attorney or the Circuit Court clerk in your county can speak to that specific question.

Why the parent's consent matters: Florida's consent rules are in Fla. Stat. § 63.062, and the rules on waiving consent are in Fla. Stat. § 63.064. If the other parent agrees, the case is simpler. If the parent does not agree, you would be asking the court to look at abandonment or another ground for waiving consent. A contested case like that is a good point to get an attorney's advice.

Records that help the court see the full picture:

  • Dates and details of any visits, calls, cards, gifts or messages directed to the child
  • Any support paid or not paid
  • The texts to your spouse, and what they did or did not say about the child
  • Any attempts by you or your spouse to encourage contact

How the process works in Florida:

  • You file in the Circuit Court in your county.
  • Home study is waived for stepparents under Fla. Stat. § 63.092.
  • If the child is 12 or older, the child's consent is part of the picture under Fla. Stat. § 63.062.
  • Court filing fees typically run $200-$500, and the typical total is under $1,000.
  • Stepparent adoptions typically take about 3 months.
  • Florida allows you to represent yourself in a stepparent adoption.

What adoption changes: Under Fla. Stat. § 63.172, a stepparent adoption ends the other parent's parental rights and child support obligation at the same time. This is why the court takes the question of consent or abandonment seriously.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county, ready within 24-48 hours after you finish the questions. You then file it yourself without an attorney. The price is $349 for the first child and $99 for each additional child, and we back it with a 100% court acceptance guarantee. We have helped 1228 Florida families, and 34,000+ families nationally since 2001.

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

Full Florida guide →

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01Understand your situation

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02Check the state rules

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03Prepare with confidence

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Published by Douglas Brown & the StepParent Adoption 360 team

Adoption document specialists · 25+ years of experience · 34,000+ families helped.

Page layout updated . Individual answers have different research histories. This is general information; court requirements and individual circumstances can differ. Document preparation service, not a law firm.

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