Legal Question in Family Law in Florida
We are grandparents and currently have custody of our 4 year old grandson through a court decision in NY. As grandparents we have been the ones that have raised the child up to this point. Both parents are in and out of jail for various crimes, burglary (father), drugs, forged checks (mother). Father will be out of prison in 3 months and mother is looking at probation time for the drugs and forged check charges. We desire to adopt the child so as he can have proper home and have done this up to this point in his life. The father does not desire us to adopt the child and is still in some form in contact with the mother through another grandparent. So far all the burden has been on us. Both parents have contributed little to this childs care and up bring. The child is currently enrolled in a private school paid for by us and his insurance is through my insurance at work. When we obtained custody through the courts in NY, we were living in Florida and of course we brought the child to Florida with us and he has been living here over 6 months which of course makes him a resident.
3 Answers from Attorneys
Generally, you cannot adopt without parents' consent. Exceptions are in FS 63.064.
If you want to adopt then you have to go through the complex adoption process.
Use of a lawyer is recommended.
John Smitten, Esquire
Carey and Leisure
622 Bypass Drive, Suite 100
Clearwater, FL 33764
ph: 727-799-3900
ph: 1-800-927-0400
fax: 727-490-4944
careyandleisure.com
You need to speak with an attorney ASAP. Some states prevent transfer of the child's case to a new state without the original courts approval. If NY agrees to Florida being the "home state" then talk to DCF or attorney about long term relative placement. It is almost impossible to adopt in Florida if a parent objects.
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