What happens if the adoption is contested in Florida?

Short answer: If a parent contests your stepparent adoption in Florida, the case is handled by the Circuit Court, and what happens next depends heavily on the facts of your family. For a contested case, it is wise to talk with a Florida family law attorney about your specific situation.

What "contested" means: A contested adoption is one where the other biological parent objects to it. That is different from a parent who simply hasn't signed consent. Florida's rules on consent are in Fla. Stat. § 63.062, and the rules on waiving consent are in Fla. Stat. § 63.064. Whether a parent's consent is needed, or can be waived, in your case is a fact-specific question for the Circuit Court clerk or an attorney.

Abandonment: Florida sets no fixed number of months for abandonment. It depends on the parent's overall conduct, as described in Fla. Stat. § 63.089. So there is no simple calendar test that settles whether a parent's objection will succeed. The court looks at the whole picture, and an attorney can tell you how that applies to your facts.

Why a parent might object: Under Fla. Stat. § 63.172, a stepparent adoption ends the other parent's parental rights and child support obligations at the same time. Because those consequences are significant, some parents do respond to the petition.

Other points that can matter:

• A child's consent: Florida sets the child consent age at 12 (Fla. Stat. § 63.062). If your child is 12 or older, this is part of the picture.
• An unknown or unlocated father: The Putative Father Registry must be searched in each adoption proceeding (Fla. Stat. § 63.054). Our documents include the motion to request this court-ordered search.
• Timing: A typical Florida stepparent adoption takes about 3 months. A contested case may not follow that pace, so ask the Circuit Court clerk in your county how scheduling works.

Do you need a lawyer? Florida allows you to represent yourself in stepparent adoption cases. If the other parent contests, though, you are dealing with a dispute and not just paperwork. An attorney can advise you about your rights, your evidence and how to present it. Some attorneys offer limited help, such as representation only for a hearing, so ask about that when you call.

What to do now:

• Keep copies of everything you have received from the other parent, or any record of contact or lack of it.
• Note dates and details of the parent's involvement with your child, since conduct is what matters for abandonment.
• Contact the Circuit Court clerk in your county for procedural questions, such as how objections are filed and how hearings are scheduled.
• Speak with a Florida family law attorney about your specific case before any hearing.