The biological parent hasn't seen my child in over a year. Can I adopt in Florida?

It might be possible, but in Florida a year without contact does not settle it automatically. Florida sets no fixed number of months for abandonment. Under Fla. Stat. § 63.089, abandonment depends on the biological parent's overall conduct, so the court looks at the whole picture, not just a calendar count.

What this means for you

• A year or more without seeing your child is an important fact, but it is not a deadline you either meet or miss.
• The court considers the parent's overall conduct, so what happened during that time matters too. Whether the parent was kept away, stayed silent, or simply chose not to be involved can all be part of the story.
• How a judge weighs those facts in your case is something the Circuit Court clerk in your county or a Florida family attorney can help you with. It is not something a general answer can promise.

Consent and the alternatives

Consent requirements are found in Fla. Stat. § 63.062. If the other parent agrees to the adoption, consent is straightforward. If the parent will not consent or cannot be reached, Florida has a separate consent waiver provision, Fla. Stat. § 63.064. Whether it fits your situation depends on your facts, so this is a good point to ask the clerk or an attorney about your specific circumstances.

If the biological parent is the child's father

Florida requires the Putative Father Registry to be searched in each adoption proceeding (Fla. Stat. § 63.054). The paperwork includes a motion asking the court to order that search.

What happens if the adoption is approved

Under Fla. Stat. § 63.172, a stepparent adoption ends the other parent's parental rights and child support obligation at the same time. There is no separate termination case to file first. Because the change is permanent, courts take these cases seriously, and it is worth being thorough about your facts.

Other parts of the Florida process

• Court: Your case is filed in the Circuit Court in your county.
• Home study: Stepparents are exempt from the home study (Fla. Stat. § 63.092).
• Timeline: A stepparent adoption typically takes about 3 months.
• Cost: Court filing fees typically run $200-$500, and the total is typically under $1,000. Attorney representation often costs $3,000-$5,000 or more, though Florida allows you to represent yourself.

Before you start

Gather anything that shows the timeline and the parent's involvement, such as messages, dates of last contact, and whether support was paid. That will help you answer questions accurately and will help the clerk or an attorney advise you if your case is complicated or the other parent might contest it.

How we help

StepParent Adoption 360 is a document preparation service, not a law firm.