Does incarceration count as abandonment for adoption in Florida?

Incarceration is not tied to a set abandonment period in Florida. The state has no fixed number of months for abandonment. Under Fla. Stat. § 63.089, abandonment depends on the parent's overall conduct. A parent being in jail or prison is one part of the picture, but this page can't tell you that it automatically counts, or automatically doesn't.

Why there is no simple yes or no: Because Florida looks at overall conduct rather than a countdown, two incarcerated parents can be in very different positions. How the Circuit Court views your situation depends on its specific facts, so a firm answer for your case should come from the Circuit Court clerk in your county or from an attorney.

What to gather: Since the focus is on the parent's overall conduct, it helps to have a clear, honest record of the parent's history with your child. For example:

• Any letters, cards or messages sent or not sent
• Phone calls or visits, or requests for them
• Gifts or financial support
• Dates that show how long the parent has been out of the child's daily life

You don't need to decide what these facts mean. Just organize them accurately, including anything that favors the other parent.

Where consent fits in: Florida's consent rules are in Fla. Stat. § 63.062, and consent waiver is addressed in Fla. Stat. § 63.064. If the other parent is incarcerated, whether consent can be given, is needed, or can be waived is a fact-specific question. Ask the clerk or an attorney about your situation.

If the parent's legal status is unclear: If you aren't sure the biological father is legally established, Fla. Stat. § 63.054 requires the Putative Father Registry to be searched in each adoption proceeding. A request for that court-ordered search is part of the paperwork.

How the process works: Your petition is filed in the Circuit Court. Florida doesn't use a separate termination case for stepparent adoption. Under Fla. Stat. § 63.172, the adoption ends the other parent's parental rights and child support obligation at the same time. Home studies are waived for stepparents under Fla. Stat. § 63.092. A stepparent adoption typically takes about 3 months. Court filing fees generally run $200-$500, and the total typically comes to under $1,000, compared with $3,000-$5,000+ for an attorney. Florida allows you to represent yourself, though a contested case, such as one where the incarcerated parent objects, is a good time to talk to an attorney.

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, which you then file yourself without an attorney. The price is $349 for the first child and $99 for each additional child.