Legal Question in Family Law in Florida

My husband and I are from NY and have been offered the opportunity to adopt a new born in Florida. Since this happened suddenly we were not prepared and only just started the home study is their ever a way to take custody of the child before the home study is completed? The baby was born 10/09/2009 the mom has been released from the hospital but baby boy has to stay to finish a round of antibiotics. Mom is willing to relinquish her parental rights and sign the baby over to us. Would it be better to take temporary custody? We have retained a lawyer in Florida but want to know what other options could be available to take possession of the baby now.

We are staying at my parents house and are prepared to stay as long as it takes but that baby will be released on Friday or Saturday and we need to figure out how we can bring him home.


Asked on 10/13/09, 4:49 pm

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Strictly speaking, in that type of adoption, it would be illegal for the judge to complete the adoption before the home study is complete, but I've seen judges do stranger things.

Nothing, however, prevents the judge, or, for that matter, the mother from giving you temporary custody. I haven't seen it happen, though, and you shouldn't get your hopes up.

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Answered on 10/13/09, 5:13 pm


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