CopyCited 38 times | Published | Supreme Court of Florida | 29 Fla. L. Weekly Supp. 659, 2004 Fla. LEXIS 1990, 2004 WL 2534335
...A more harmonious interpretation is that the department's consent must be attached to the adoption petition only to the extent it is required under section
63.062(7). The statute's other provision addressing the content of adoption petitions confirms such an interpretation. See §
63.112(2)(a), Fla....
CopyCited 19 times | Published | Florida 4th District Court of Appeal | 1995 WL 92294
...NOTES [1] An intermediary represents the adoptive parents and acts as an intermediary for the child's placement. See §
63.085(1)(f), Fla. Stat. (1991). After the court has entered an order preliminarily approving the adoption, the adoptive parents may file an adoption petition. See §
63.112, Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2001 WL 1008157
...Section
63.042, which covers who may adopt a child, provides that a husband and wife may jointly adopt. See §
63.042(2)(a), Fla. Stat. (1999). The statute disqualifies certain persons from adopting, but it does not disqualify relatives of the child, particularly grandparents. See §
63.042(3),(4), Fla. Stat. (1999). Section
63.112 sets forth the allegations a petition for adoption must contain, but nothing in that section precludes adoption by a grandparent....
...The grandparents' petition for adoption alleged that the court could waive the parents' consents because of abandonment of the child. See § 63.072(1), Fla. Stat. (1999). Thus, both petitions for adoption conform to all of the statutory requirements, one alleging consent and one alleging facts to waive consent. See § 63.112, Fla....
CopyCited 5 times | Published | Florida 4th District Court of Appeal
...Wylie executed a form consenting to the child's adoption, as required by Section
63.062(1)(a), Florida Statutes (1977). On June 6, the child was placed with the prospective adoptive parents by appellee Botos. On June 16 the prospective adoptive parents, pursuant to Section
63.112, Florida Statutes (1977), filed their petition for adoption, incorporating Mrs....
...mative action in order to make his consent, or the excuse of *1256 it, a prerequisite for the child's adoption. See In Re The Adoption of Mullenix,
359 So.2d 65 (Fla. 1st DCA 1978). The statute is silent as to exactly when such action must be taken. Section
63.112 requires that a petition for adoption identify all persons whose consent is required and that written consents be attached to the petition or circumstances set out that excuse the absence of such consents....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2683776
...It would be at this juncture in the adoption proceedings that the registration requirements of the statute would be ripe for litigation. However, the unmarried biological father could not protect his rights at this stage either because the termination of his rights would already be considered final. Section 63.112 states that a petition for adoption shall attach a certified copy of the judgment of termination of parental rights....
CopyCited 4 times | Published | District Court, S.D. Florida | 2001 U.S. Dist. LEXIS 13425, 2001 WL 988038
...r the Eleventh Judicial Circuit of and for Miami Dade County. However, Florida law requires that before filing an adoption petition with a State circuit court, Houghton must first receive a favorable preliminary home study evaluation. See FLA. STAT. § 63.112(2)(b)....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 14014, 61 A.L.R. 6th 621
...The statute requires that there be individual studies which the judge must consider in order to decide whether the proposed adoption is in the best interest of the child. §
63.022(2), (4)(c), Fla. Stat.; Fla. Admin. Code R. 56C-16.005(2). There must be a favorable preliminary home study, §
63.112(2)(b), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...be adopted without the Department's consent in fact, over its strong objection and without a favorable preliminary adoptive home study performed by an appropriate entity, simply because the petitioner is a relative. The trial court noted that section 63.112(2)(b), Florida Statutes (2005), states that the favorable preliminary home study must be filed with the clerk of the court when the petition for adoption is filed "unless the petitioner is a stepparent or a relative." Subsection (3) of...
...s required when the placement is a stepparent adoption or an adult adoption or when the minor is a relative of one of the adoptive parents. The Department correctly observes that the trial court based its ruling, in large measure, on the language in section 63.112(2)(b) & (3) stating that the favorable preliminary home study made by an appropriate entity is required to be filed with the clerk of the court when the petition is filed "unless the petitioner is a ....
...onizes the laws, for the Legislature is presumed to have intended that both laws are to operate coextensively and have the fullest possible effect." Palm Beach County Canvassing Bd. v. Harris,
772 So.2d 1273, 1287 (Fla. 2000). Sections
63.062(7) and
63.112(2)(b) & (3) can be read in pari materia by applying the latter provisions only to those cases in which the children's parental rights were not terminated under chapter 39....
...ic statute controls the general statute." Id. Section
63.062(7) deals specifically with "persons required to consent to adoption" in cases, like this one, where the children's parental rights have previously been terminated under chapter 39, whereas section
63.112(2)(b) & (3) is part of a generic provision setting forth the requirements for a petition for adoption and related filings....
...These latter provisions do not address post-termination cases. Being the more specific and restrictive of the two chapter 63 provisions, section
63.062(7) controls. "[I]t also is well settled that when two statutes are in conflict, the more recently enacted statute controls the older statute." Id. Section
63.112(2) & (3) was last amended in 2003, see Laws of Florida 2003-58, section 23; whereas sections
39.812(5) and
63.062(7) were amended in 2004, see Laws of Florida 2004-389, section 2, to provide the trial court with statutory authority to...
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 15505
...It would be at this juncture in the adoption proceedings that the registration requirements of the statute would be ripe for litigation. However, the unmarried biological father could not protect his rights at this stage either because the termination of his rights would already be considered final. Section 63.112 states that a petition for adoption shall attach a certified copy of the judgment of termination of parental rights....
CopyPublished | Florida 4th District Court of Appeal | 1992 Fla. App. LEXIS 11345, 1992 WL 317557
...mediary, a preliminary home study must be performed by a licensed professional or agency. See §
63.092(2), Fla. Stat. After the court has entered an order preliminarily approving the adoption, the adoptive parents may file an adoption petition. See §
63.112, Fla....
CopyPublished | Florida 3rd District Court of Appeal | 1994 Fla. App. LEXIS 11174, 1994 WL 646341
...Florida Statutes (1993). Without conducting a hearing, the trial court dismissed the petition with prejudice finding that the petition fails to state the facilities and resources of the petitioner available for the care of the minors, as required by section 63.112(l)(f), Florida Statutes (1993)....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20007
...rd that the dismissal was apparently based on the trial court’s acceptance of the natural mother’s contention that a petitioner, as here, alleging that the children have been abandoned so as to excuse the lack of consent, see Sections 63.072 and 63.112(l)(h), Florida Statutes (1979), must obtain a judicial determination of abandonment as a predicate to the filing of the petition, a contention which, in our view, directly conflicts with the clear language of Section 63.112(l)(h) (directing that the “facts or circumstances that excuse the lack of consent” be contained in the petition itself) and finds no support elsewhere in the statute or any decided case; and (2) in the unlikely event that such dism...
CopyPublished | Florida 4th District Court of Appeal
...Stat. (2016) (emphasis added).
An adoption proceeding begins with the filing of a petition, meaning
“the filing of a verified, truthful application for adoption.” Rodriguez v.
Adoption of Rodriguez,
219 So. 3d 944, 946 (Fla. 3d DCA 2017). Section
63.112, Florida Statutes (2016), sets forth an explicit list of those items
which must be included in the petition. Among the requirements, the
petition “shall be signed and verified by the petitioner and … shall state …
[t]he reasons why the petitioner desires to adopt the person.” §
63.112(1)(i),
Fla....
...effect of a judgment of
adoption is to “create[] the relationship between the adopted person and
the petitioner . . . that would have existed if the adopted person were a
blood descendant of the petitioner born within wedlock”) (emphasis
added); § 63.112(1)(i) (requiring a verified and truthful petition in which
the petitioner states the reasons why he or she “desires to adopt the
person.”) (emphasis added).
-3-
Appellants cite In re Adoption of D.P.P., 158 So....
CopyPublished | Florida 2nd District Court of Appeal | 1988 WL 24162
...The person to be adopted shall be designated in the caption in the name by which he is to be known if the petition is granted. If the child is placed for adoption by an agency, any name by which the child was previously known shall not be disclosed in the petition, the notice of hearing, or the judgment of adoption. Section 63.112(1)(a) through (c) provides that: A sufficient number of copies of the petition for adoption shall be signed and verified by the petitioner and filed with the clerk of the court so that service may be made under subsection (4) and shall...
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 292, 1989 Fla. App. LEXIS 315, 1989 WL 5251
petition does not comply with the requirement of section 63.-112(1)(h), Florida Statutes (1985), in that it
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 3849, 1991 WL 59998
...nishment. Accordingly, the modification order placing appellant on community control following her discharge from commitment status is affirmed. ZEHMER, J., and CAWTHON, Senior Judge, concur. . Appellant pled guilty to escape, a third degree felony, § 63.112, Fla.Stat....
