Legal Question in Family Law in Florida

Re: Grandparent adoption

I am not experienced in the area of adoption. However, my associate attorney, Carlie Owsley Walker, is.

She can explain the issues and procedures better by phone or in person. As you can imagine, there is too much to cover via e'mail. We offer free 1/2 hour consultations, in which you and she can discuss the matter in more detail.

Please call Ms. Walker directly to discuss the specifics of your case, or contact her assistant Alicia to schedule a free 1/2 hour consultation.

/s/ Rich J. Peters, Attorney

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R. J. PETERS & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602x254x7251

602x254x1229 (facsimile)

see our web page at www.familylawaz.com

Re: Grandparent adoption

The question you pose is somewhat complicated, and as stated above, we can only give you general information on the situation, we cannot give legal advice over the internet. That said, you need to contact the Department of Children and Families in the county the child resides in, and also contact the Department of Children and families in YOUR state and county, because in orcer to get the child sent out of state you must comply with the interstate compact on the palcement of children. The DCFS in your state must approve YOU and then the approval is transmitted to the DCFS in the child's state. This takes some time. you might be able to do a "visit" with the child while this is pending. You should check on the child's case file to be sure there is nothing in her file that might make her too much to handle, children often have serious emotional issues from bouncing around foster care placements. We practice this type of law in Duval, Clay, Nassau, and Columbia Counties in Florida. We offer a free 1/2 hour consultation as well. If you are in one of these counties please call the office to schedule the appointment. If not, check with the Florida Bar for a referral for a Dependency attorney.

Re: Grandparent adoption

Suggest you retain Florida counsel to investigate and give you the proper advice. Good luck.

Re: Grandparent adoption

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.

This is a two step procedure requiring two separate actions. If both parents agree, it will be much simpler to achieve your goal.

Generally, you will first need to file a Petition for Termination of Parental Rights in your local circuit court. In this legal proceeding you will ask the Court to determine that the natural father has been absent from the child's life and not contributed to the development of the minor child. The natural father will have the opprortunity to respond and be heard by the Court. Alternatively, he can consent and it should be much easier for you. You will have to obtain personal service of the Petition upon him if he does not sign the consent.

Secondly, you will then have to file a Petition for Adoption. The Courts generally look very favorably upon these petitions by a family member and will readily grant them upon a proper case being made.

This is a very complicated legal proceeding and I strongly recommend that you consult and retain a family law attorney in order to commence an action. He/she can answer your specific questions ane will know how to handle this case and will provide invaluable guidance.

Scott R. Jay, Esq.