What counts as abandonment for adoption purposes in Florida?

In Florida, there is no set number of months that automatically counts as abandonment. Instead, it depends on the other parent's overall conduct toward the child, and the rule is found in Fla. Stat. § 63.089. No minimum time period applies, and no single missed visit or late payment decides the question by itself.

What that means for you. Because Florida looks at the whole picture rather than a calendar, you can't simply count months and assume the answer. A judge in the Circuit Court looks at the parent's conduct over time. The Circuit Court clerk in your county can tell you how the court handles this in practice, and an attorney can tell you how the law applies to your specific facts.

Facts that tend to matter to your case. These are the kinds of things worth writing down before you file:

• How and when the other parent last had contact with your child
• Whether the parent has made any effort to stay involved
• Any history of support, gifts, cards or calls, and when they stopped
• Whether you know where the parent is and how to reach them

Whether any of these facts amounts to abandonment is for the court to decide, so keep accurate dates and records.

Where consent fits in. Consent and its exceptions are covered in Fla. Stat. § 63.062 and Fla. Stat. § 63.064. The same consent statute also says a child who is 12 or older has a role in consenting to the adoption. If the other parent will not sign, or cannot be found, your situation depends on its facts. That is a good time to talk with an attorney or the clerk about your specific circumstances.

Other steps in the same case.

• Florida requires the Putative Father Registry to be searched in each adoption proceeding under Fla. Stat. § 63.054.
• Florida does not require a separate termination case for a stepparent adoption. Under Fla. Stat. § 63.172, the adoption ends the other parent's rights and child support obligation at the same time.
• Home studies are waived for stepparents under Fla. Stat. § 63.092.
• Stepparent adoptions in Florida typically take about 3 months.
• Court filing fees generally run between $200 and $500.

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. You then file it yourself without an attorney. The price is $349 for the first child and $99 for each additional child. Your court-ready documents are delivered within 24-48 hours after you finish the questions, backed by our 100% court acceptance guarantee. We have helped 1228 Florida families, and more than 34,000 families nationally since 2001.