CopyCited 18 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 771, 1991 Fla. LEXIS 2126, 1991 WL 259752
...a deceased parent on a petition for adoption of the deceased parent's child an intermediary within the definition of section
63.032(8)[, Florida Statutes (1987)]? (2) Are grandparents entitled to notification and preference in adoptions pursuant to section
63.0425, Florida Statutes, where the adoption is handled by the attorney for a petitioner-relative, but the adoption is not exempted under either §
63.0425(2) or (3)[, Florida Statutes 1987)]? Neither question is capable of an answer in the abstract as the appropriate response depends on the facts of the particular case. In this case, we find the relative's attorney was not an intermediary within the definition of section
63.032(8) and the grandparents were not entitled to notice of the adoption under section
63.0425(1)....
...ce. The sister contends that notice to grandparents is required only under certain statutorily prescribed circumstances which are not present in this case and, therefore, the grandparents have no standing to intervene after the judgment of adoption. Section 63.0425(1), Florida Statutes (1987), provides: When a child who has lived with a grandparent for at least 6 months is placed for adoption, the agency or intermediary handling the adoption shall notify that grandparent of the impending adoption before the petition for adoption is filed....
...[6] If one were to look only to the word "intermediary," the grandparents' argument might have merit. However, we must look at the entire phrase "intermediary handling the adoption" within the context of the phrase "placed for adoption" as the phrases are used in section 63.0425(1). The precise question is: Who is to be considered an "intermediary handling the adoption" when a child is "placed for adoption" within the meaning of section 63.0425(1)? Under the grandparents' interpretation, the words "attorney" and "intermediary" would be interchangeable wherever they appear in the statute. We believe that this reading gives unintended breadth to section 63.0425(1)....
...the ability to, and did in fact, distinguish between intermediaries and attorneys in other portions of the statute, we find the sister's understanding of the term intermediary more in harmony with the statutory scheme. Moreover, the plain wording of section 63.0425 is clearly inapplicable to the facts of the present case....
...parents. It is doubtful that the legislature intended to label every such legal representative of a party to an adoption an intermediary. Under these facts, the sister's attorney was not an "intermediary handling the adoption" within the meaning of section 63.0425....
CopyCited 8 times | Published | Florida 1st District Court of Appeal | 2007 WL 412790
...o adopt A.A. that (a) potential adoptive parent(s) may file, so "that all adoptions are handled in accordance with the requirements of law," §
63.022(4)(a), Fla. Stat. (2006), with due regard to any statutory priorities that may pertain. See, e.g., §
63.0425, Fla....
CopyCited 7 times | Published | Florida 1st District Court of Appeal | 2001 WL 505254
...had filed waivers of right to counsel, affidavits of birthparents, and consents for adoption, all of which S.L.H.'s biological parents had signed, agreeing to relinquish custody of and all rights to S.L.H. As grounds for intervention and consolidation, Y.H. cited section 63.0425(1), Florida Statutes (1999), which provides: When a child who has lived with a grandparent for at least 6 months is placed for adoption, the agency or intermediary handling the adoption shall notify that grandparent of the impending adoption before the petition for adoption is filed....
...rence "provided by law." IV. Specifically on two grounds only, one state and one federal, does Y.H. contend that she has legal rights that the trial court erred in not letting her intervene to protect. First, she asserts a statutory preference under section 63.0425(1), Florida Statutes (1999), by virtue of her daughter's living with her for six months before her granddaughter's birth....
...There has been no contention that the child's rights, constitutional or otherwise, give Y.H. a right to intervention. A. Initially, Y.H. argues that, while her granddaughter S.L.H. was in her mother's womb, she "lived with [Y.H.] for at least 6 months," 63.0425(1), Fla....
...PADOVANO, J., CONCURS; POLSTON, J., DISSENTS WITH OPINION. POLSTON, J., dissenting. I agree that the trial court properly denied the appellant's motion to consolidate. I also agree that appellant ("GP/Mother") does not have a priority preference for adoption under section 63.0425(1), Florida Statutes (1999), because the purpose of the statute is to give a preference to grandparents who have established a relationship with the child after birth....
CopyCited 6 times | Published | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 10078, 2002 WL 1614058
...13. In this pleading they sought to adopt the children and moved for injunctive relief from the February 17 hand-off date on the grounds their petition had a "strong likelihood" of being approved of since they had a statutory priority to adopt under section 63.0425, Florida Statutes....
...Argument at the May 24 hearing before Judge Baker was quite brief. DCF primarily argued the petition needed to be dismissed due to waiver and a lack of standing, whereas the grandparents alleged they had standing to file a petition via their statutory priority under section 63.0425, a priority which they denied waiving....
...On July 18, 2001, Judge Baker entered an order summarily granting DCF's motion to dismiss. We find such dismissal constituted legal error. First, we find at no time did the grandparents waive their statutory priority to adopt the minor children under section 63.0425....
...We further hold the grandparents' petition should not have been dismissed at this stage of the proceedings for a "lack of standing" as DCF suggests. Clearly, the grandparents, with whom the minor children had lived with for over two years, have a statutory priority to adopt the children via section 63.0425....
...See §
63.142(4), Fla. Stat. (2001). Still, we are mindful there appears to be some inherent tension between Chapter 39, Part XI (Termination of Parental Rights) and Chapter 63 (Adoption), regarding the adoption of children placed in DCF's care. As discussed, supra, section
63.0425 provides the court shall give first priority to petitions filed by grandparents who qualify under that statute....
...for adoption, the adoption entity shall notify the grandparent of the impending adoption before the petition is filed. If the grandparent petitions the court to adopt the child, the court shall give first priority for adoption to that grandparent." § 63.0425(1), Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2003 Fla. App. LEXIS 14067, 2003 WL 22148962
...Grandparents are given particular preference, and "[w]hen a child who has lived with a grandparent for at least six months is placed for adoption, the adoption entity shall notify the grandparent of the impending adoption before the petition for adoption is filed." § 63.0425(1), Fla....
...t and granting her the opportunity to adopt her grandchildren. Thus, we conclude that, because Appellant was a grandparent, court-approved as a potential adoptive placement, the court order created for her the equivalent of the statutory priority of section 63.0425(1), Florida Statutes....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2001 WL 1008157
...In that case, the grandmother premised her right to intervene solely on two grounds: (1) her daughter had lived with her during the pregnancy such that the yet unborn child had lived with the grandmother for over six months, giving her statutory priority under section 63.0425(1), Florida Statutes (1999); and (2) her substantive due process right to parent by virtue of her daughter's minority at the time she gave birth....
...Based upon the foregoing, the petition is denied. GROSS and TAYLOR, JJ., concur. ON MOTION FOR REHEARING WARNER, J. Petitioner and amici move for rehearing, alleging that our opinion creates a new right for grandparents to intervene and adopt their minor grandchildren. They read section 63.0425(1), Florida Statutes (1999), as the exclusive circumstance under which grandparents may adopt....
...handling the adoption shall notify that grandparent of the impending adoption before the petition for adoption is filed. If the grandparent petitions the court to adopt the child, the court shall give first priority for adoption to that grandparent. § 63.0425(1), Fla....
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 2001 Fla. App. LEXIS 6636
...had filed waivers of right to counsel, affidavits of birthparents, and consents for adoption, all of which S.L.H.’s biological parents had signed, agreeing to relinquish custody of and all rights to S.L.H. As grounds for intervention and consolidation, Y.H. cited section 63.0425(1), Florida Statutes (1999), which provides: When a child who has lived with a grandparent for at least 6 months is placed for adoption, the agency or intermediary handling the adoption shall notify that grandparent of the impending adoption before the petition for adoption is filed....
...e “provided by law.” IV. Specifically on two grounds only, one state and one federal, does Y.H. contend that she has legal rights that the trial court erred in not letting her intervene to protect. First, she asserts a statutory preference under section 63.0425(1), Florida Statutes (1999), by virtue of her daughter’s living with her for six months before her granddaughter’s birth....
...There has been no contention that the child’s rights, constitutional or otherwise, give Y.H. a right to intervention. A. Initially, Y.H. argues that, while her granddaughter S.L.H. was in her mother’s womb, she “lived with [Y.H.] for at least 6 months,” 63.0425(1), Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2033896
...n
63.087(4), Florida Statutes (2004). It alleged the birth of the child and indicated that the birth mother consented to the child's adoption through Gift of Life. Among the allegations, it provided that no grandparents were entitled to notice under section
63.0425, Florida Statutes (2004)....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal | 1989 WL 47174
...Before SCHWARTZ, C.J., and BARKDULL, J., and JAMES C. DAUKSCH, Jr., Associate Judge. BARKDULL, Judge. Appeal from a final judgment of adoption favoring the Dixons, the child's maternal great aunt [1] and uncle over the paternal grandparents. The court found section 63.0425(1), Fla....
...d she was the child's great aunt (p. 90 of the trial transcript) and in another that she was the child's mother's sister (p. 114 of the trial transcript.) Upon remand it may be necessary for the trial court to resolve this issue of relationship. [2] 63.0425 Grandparent's right to adopt....
...ndparent of the impending adoption before the petition for adoption is filed. If the grandparent petitions the court to adopt the child, the court shall give first priority for adoption to that grandparent. [3] The grandparent's priority afforded by section 63.0425, Florida Statutes (1987), of course cannot be superior to a contrary finding in the best interests of the child. Section 63.0425(4) Florida Statutes (1987) provides: "(4) Nothing in this section shall contravene the provisions of s....
CopyCited 2 times | Published | Supreme Court of Florida | 2008 WL 2373903
...andparents and that they should only take messages when the grandparents called. Before the referee, Dove acknowledged receiving a letter postmarked August 24, 2002, in which the grandparents specifically asserted their priority to adopt pursuant to section 63.0425, Florida Statutes (2002), because the child had resided with them for six months. The grandparents also wrote letters to two circuit court judges in the Second Judicial Circuit. Despite having reason to believe that the grandparents were entitled to notice pursuant to section 63.0425, Dove did not follow the statute....
...an to unravel (i.e., for a period greater than six months in duration), which vested the Grandparents with a protected, priority adoption status, and an entitlement to notice of the termination-of-parental-rights and adoption proceedings. [12] See §§
63.0425(1),
39.801(3)(a)(5), Fla. Stat. (2002); [13] see also, e.g., In re X.Z.C.,
747 So.2d 1006, 1006-07 (Fla. 2d DCA 1999) ("Section
63.0425, Florida Statutes (1997), provides that a grandparent be provided with notice when his or her grandchild is placed for adoption if the child has `lived with' the grandparent for at least six months.......
...w her consent to the adoption and the clear attempts of the Grandparents to assert their rights to their grandchild. Under Florida law, the Grandparents clearly possessed statutorily created rights with regard to the adoption of this grandchild. See § 63.0425(1), Fla....
...(2002). Further, the Grandparents had a right to *1016 be notified of the adoption proceedings by the "adoption entity" in which Dove was intimately involved and which she was controlling. This was also Dove's direct responsibility as counsel. See § 63.0425(1), Fla....
...orida Bar and the Department of Children and Families. The Grandfather hoped that filing these complaints would save the child. The Grandparents never received any notice of the hearings in the termination-of-parental-rights or adoption cases. Cf. §§
63.0425(1),
39.801(3)(a)(5), Fla....
...An adoption entity's current statutory obligations relating to locatable biological fathers identified by the birth mother are discussed in Heart of Adoptions, Inc. v. J.A.,
963 So.2d 189 (Fla.2007). [4] At the time of this adoption, certain grandparents were given a statutory priority to adopt. Section
63.0425(1), Florida Statutes (2002), provided as follows: When a child who has lived with a grandparent for at least 6 months is placed for adoption, the adoption entity handling the adoption shall notify that grandparent of the impending adoption before the petition for adoption is filed....
...If the grandparent petitions the court to adopt the child, the court shall give first priority for adoption to that grandparent. Section
63.087(6)(f)(8), Florida Statutes (2002), provided that a petition for termination of parental rights pending adoption must include a "certificate of compliance with the requirements of s.
63.0425 regarding notice to grandparents of an impending adoption." In 2003, section
63.0425 was revised to provide that adoption entities must give a grandparent notice of the hearing on the petition for termination of parental rights pending adoption when the subject child lived with the grandparent for at least six months within the twenty-four month period immediately preceding the filing of the petition for termination of parental rights pending adoption. Such grandparents are no longer given priority to adopt. See §
63.0425, Fla....
...ffice on the same day on which her agents removed Baby Z (i.e., July 21, 2002). She also stipulated that the baby resided with the Grandparents from the date of his birth on November 26, 2001, and that he resided there for more than six months. [13] Section 63.0425, Florida Statutes (2002), provides in relevant part: (1) When a child who has lived with a grandparent for at least 6 months is placed for adoption, the adoption entity handling the adoption shall notify that grandparent of the impending adoption before the petition for adoption is filed....
...for the petition to terminate parental rights and a copy of the petition must be personally served upon the following persons, specifically notifying them that a petition has been filed: ... 5. Any grandparent entitled to priority for adoption under s. 63.0425. (Emphasis supplied.) [14] This case and others of similar import chronologically preceded Dove's flagrant ethical violations in this case. These decisions are available through simple reference to an annotated version of section 63.0425, Florida Statutes....
...during her first call to secure the child, she inquired where Baby Z was living. The response was "that could be a problem." (Emphasis supplied.) Ms. Flemming further testified that she was aware of the six-month grandparent-adoptive-preference law (section 63.0425), which is why she asked these questions....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1999 WL 1111774
...s (Supp.1998), as the child had lived with her for at least six months, the length of time specified in the statute. We agree. Section
39.801(3)(a)5, Florida Statutes (Supp.1998), provides that any grandparent entitled to priority for adoption under section
63.0425 must be personally served with a copy of the petition to terminate parental rights and given notice of the date, time, and place of the advisory hearing on the petition. Section
63.0425, Florida Statutes (1997), provides that a grandparent be provided with notice when his or her grandchild is placed for adoption if the child has "lived with" the grandparent for at least six months....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 1990 WL 149748
...nt of Adoption, enforce their visitation rights, and otherwise proceed as parties to this cause." The sister appeals the order of intervention claiming that the Grandparents have no standing to assert any rights in these proceedings. Florida Statute Section 63.0425 (1987) provides: 63.0425 Grandparent's right to adopt....
...Thus, the trial court did not abuse its discretion in ordering intervention. The sister, on the other hand, claims there was no duty on their part to notify the Grandparents, nor were they entitled to any notice or preference under Florida Statute 63.0425. The sister claims that under Florida Statute section 63.0425 notification of grandparents is only required in "agency" or "intermediary" adoptions and that the adoption of Baby R.R....
...a minor, the attorney is not *344 an intermediary. However, no such distinction is set forth in the statutory definition. The statute simply says that "intermediary means an attorney." Thus, if we were to substitute "attorney" for "intermediary" in section 63.0425(1), Florida Statutes (1987), it would be clear that the attorney was required to notify the Grandparents....
...Where the language of a statute is clear and unambiguous, the courts should give effect to the plain language employed. State ex rel Florida Jai Alai,
112 So.2d 825 (Fla. 1959). [4] The sister next argues that the child was not "placed for adoption." She contends that this is yet another reason why the notice requirements of section
63.0425(1), Florida Statutes (1987) do not apply....
...It contemplates a continuum of activity which begins when the person (parent) evinces an intent to give the child up for adoption and concludes with the final judgment of adoption. The legislature added this definition in 1987 at the same time it enacted section 63.0425, Florida Statutes....
...Therefore the attorney was an intermediary who participated in the placement of Baby R.R. for adoption. Consequently, notice was required to be given, and the Grandparents, having failed to receive such notice, have standing to intervene to assert their right. Moreover, the very purpose of Florida Statute 63.0425 was to expand the rights of Grandparents in connection with adoptions....
...Dixon,
545 So.2d 318 (Fla.3d DCA 1989), rev. denied,
551 So.2d 460 (Fla. 1990). Only two situations are exempt from the requirements of the statute: (1) if the deceased parent has indicated a different preference by will, and (2) in stepparent adoptions. Fla. Stat. §§
63.0425(2) & (3) (1987)....
...represents the relative of a deceased parent on a petition for adoption of the deceased parent's child an intermediary within the definition of section
63.032(8)? (2) Are grandparents entitled to notification and preference in adoptions pursuant to section
63.0425, Florida Statutes, where the adoption is handled by the attorney for a petitioner-relative, but the adoption is not exempted under either §
63.0425(2) or (3)? HERSEY, C.J., and WARNER and POLEN, JJ., concur....
CopyPublished | Florida 5th District Court of Appeal | 2015 Fla. App. LEXIS 3584, 2015 WL 1071067
...e by the direct legal operation and effect of the judgment. A showing of an indirect, inconsequential, or contingent interest is wholly inadequate, and a person with this indirect interest lacks standing to set aside a judgment of adoption.”); cf. § 63.0425(3), Fla....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 2146, 1991 WL 31829
...This bittersweet quandary required the trial court to choose between two caring and well-adjusted couples seeking to adopt an orphaned three-year-old. On one side are the maternal grand-aunt and her husband, and on the other side are the paternal grandparents. The appellants-grandparents rely principally on section
63.0425(1), Florida Statutes (1989), which gives them first priority to adopt where a child has resided with the grandparent for at least six months. 1 The maternal grand-aunt and uncle, with whom the child has also resided, rely on sections
63.022(2)(Z) and
63.0425(4) which require the court to consider what is necessary and suitable to promote and protect the best interest of the person to be adopted. Section
63.0425(4) provides that the grandparent priority provision is not intended to contravene the best interest of the person to be adopted....
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 59, 2005 Fla. LEXIS 92, 2005 WL 170713
...See ch.2001-03, § 2, at 7, Laws of Fla. Subdivision (a)(5) of rule 8.505, Process and Service, is amended to require notice to grandparents of termination of parental rights pending adoption proceedings as provided by law. The amendment conforms the rule to section 63.0425(1), Florida Statutes (2004)....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 4281, 1992 WL 75651
...The trial judge heard considerable testimony concerning whether Dillon would be a better parent to Carolyn than James, a man who had originally thought he was the child’s father, and with whom the child was then living. The trial judge refused to give Dillon “priority” of consideration pursuant to section 63.0425, Florida Statutes....
...The court found that Robb has natural parental love and affection for the child and that there are strong emotional ties between them. It also found that he could best provide for the child and maintain her in a stable environment. The trial judge refused to apply section 63.0425 (grandparent priority) because it interpreted such priority as applicable only to grandparents with whom a grandchild has lived for at least six months prior to the adoption proceeding....
