Legal Question in Family Law in Florida

Adoption of Foster Children

My husband and I have been foster parents for 4 years. We have two girls in our home that we have had for about 10 months. The children will be available for adoption in another 2 months. My husband has legal problems from a previous business partnership. He has just pled guilty to felony theft. How will this affect the adoptions? Where should we go for legal advice? Can I adopt them myself rather than as a couple? Thank you for your advice, it is much appreciated.


Asked on 10/09/07, 11:29 am

2 Answers from Attorneys

Re: Adoption of Foster Children

If you are already an approved adoptive placement, there should be no effect on your eligibility to adopt, unless the theft is a disqualifying offense.

If the Dept. knows about it, then you can ask them if it is. They do a background check on you any how, right?

I am sure this theft matter did not just pop up. It must have been around for the last 10 months and thus may have already been looked into.

You should call an attorney that handles adoptions on a regular basis and see what he advises.

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Answered on 10/09/07, 6:03 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Adoption of Foster Children

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You should meet with an attorney who handles adoptions in your area to discuss the ramifications of your husband's actions. I would think that any investigation would reveal your husband's problems whether he is part of the adoption process or not. If you choose to leave him out at this late date, it would probably be like a neon light advising that there is a problem. The chances are good that the State of Florida would want both parents to be part of the process. Not disclosing his problems would possibly be worse than disclosure.

Scott R. Jay, Esq.

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Answered on 10/10/07, 12:59 am


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