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Yes, you can ask a Florida Circuit Court to approve a stepparent adoption when the biological parent has only supervised visitation, but the outcome depends on whether that parent consents or whether the court can waive their consent. Supervised visitation is a custody arrangement, and Florida's adoption chapter looks at consent and the parent's overall conduct.
Consent comes first. Florida's consent rules are in Fla. Stat. § 63.062, and the circumstances in which a court may waive consent are in Fla. Stat. § 63.064. If the other parent will sign a consent, the path is usually simpler. If they will not, the question becomes whether consent can be waived. That depends on your facts, so it is worth talking to an attorney or the Circuit Court clerk in your county about your situation.
Abandonment has no fixed clock in Florida. Florida sets no number of months for abandonment. It depends on the parent's overall conduct, under Fla. Stat. § 63.089. A parent's pattern of using or not using supervised visits is part of that picture, but it is not the only part. Don't assume a particular number of missed visits will settle it.
Gather your records. Whatever route your case takes, these will help:
- A copy of the current custody or visitation order
- Any notes or records showing whether visits have taken place
- Records of other contact between the parent and the child
Other Florida points that apply to you:
- Child's consent: The child's consent age is 12 (Fla. Stat. § 63.062).
- Home study: Stepparents are exempt (Fla. Stat. § 63.092).
- Background checks: FDLE and FBI background checks are required.
- Effect of adoption: The adoption ends the other parent's parental rights and child support obligations at the same time (Fla. Stat. § 63.172). No separate termination case is needed.
- Court and cost: The case is filed in Circuit Court. Court filing fees typically run $200-$500, and the total typical cost is under $1,000.
- Timeline: A stepparent adoption typically takes about 3 months.
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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