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What are the most common mistakes families make with stepparent adoption in Florida?

3 min readHelping families since 2001Florida

The most common mistakes in a Florida stepparent adoption come from guessing about the process instead of checking what Chapter 63 and your Circuit Court actually require. Here are the ones to watch for:

  • Skipping the Putative Father Registry search. Under Fla. Stat. § 63.054, the registry must be searched in each adoption proceeding. Your filing needs a motion asking the court to order that search, so don't leave it out.
  • Assuming abandonment has a countdown. Florida sets no fixed number of months. Abandonment under Fla. Stat. § 63.089 depends on the other parent's overall conduct. Don't assume a certain amount of time without contact settles the question. If the other parent is unknown, can't be found, or objects, the facts matter, so check with the Circuit Court clerk or an attorney about your situation.
  • Forgetting the child's own consent. Florida's child consent age is 12 (Fla. Stat. § 63.062). If your child is near or past that age, talk with them early and plan for it.
  • Preparing for a home study you don't need. Stepparents are exempt from the home study under Fla. Stat. § 63.092. Families sometimes spend time and money on a step the law doesn't ask of them.
  • Overlooking the background checks. FDLE and FBI background checks are required. Start them early so they don't hold up your filing.
  • Waiting on a residency period that doesn't exist. Florida has no minimum residency period for this adoption, so you don't need to wait before you begin.
  • Not understanding what the adoption changes. Under Fla. Stat. § 63.172, a stepparent adoption ends the other parent's child support obligation and parental rights at the same time. It also gives your child inheritance rights, and gives you medical and educational decision-making authority. Make sure everyone in the family understands this before filing.
  • Filing in the wrong place or with the wrong paperwork. Adoptions are filed in the Circuit Court, and Florida has 67 counties. Ask your county's clerk about local filing details, and make sure your forms are prepared for the right county.
  • Assuming you must hire an attorney, or budgeting wrongly. Florida allows you to represent yourself in a stepparent adoption. Court filing fees typically run $200-$500, and the total is typically under $1,000, compared with $3,000-$5,000+ for an attorney. Plan on about 3 months for a stepparent adoption. If your case is contested, though, an attorney can be worth consulting for that spec

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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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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