What if the biological parent lives in Florida but I live in another state?

If the other biological parent lives in Florida but you live in another state, the first thing to settle is which court can hear your case. Florida adoptions are heard in the Circuit Court, and Florida has 67 counties. Because your situation spans two states, confirm the filing location with the Circuit Court clerk in the Florida county where the parent lives, or with an attorney, before you file anything.

Where to file: Florida's rules for stepparent adoption are in Florida Statutes Chapter 63. Florida sets no minimum residency period for stepparent adoption. Even so, whether a family living out of state can file in Florida depends on the facts, so ask the clerk or an attorney about your exact situation.

What stays the same if your case is in a Florida Circuit Court:

• Putative Father Registry: The registry must be searched in each Florida adoption proceeding (Fla. Stat. § 63.054). Our documents include the motion that requests the court-ordered search.
• Child's consent: A child who is 12 or older has a consent role under Fla. Stat. § 63.062.
• Abandonment: Florida has no fixed number of months. Abandonment depends on the parent's overall conduct (Fla. Stat. § 63.089).
• Home study: Stepparents are exempt (Fla. Stat. § 63.092). That helps if you live far away.
• Background checks: FDLE and FBI background checks are required.
• Effect of the adoption: Under Fla. Stat. § 63.172, the other parent's child support obligation and parental rights end at the same time the adoption is granted.

Notifying the Florida parent: How a parent living in Florida must be notified, and what to do if you don't know where they are, depends on the details of your case. The clerk can explain the process. If the other parent is contesting the adoption or can't be found, an attorney can advise you on that specific problem.

Time and cost: A Florida stepparent adoption typically takes about 3 months. Court filing fees generally run $200-$500, and the total is typically under $1,000. Florida allows you to represent yourself, but a case that crosses state lines is a good time to ask an attorney about the filing question above.

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.