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Florida Statute 63.142 - Full Text and Legal Analysis
Florida Statute 63.142 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 63
ADOPTION
View Entire Chapter
63.142 Hearing; judgment of adoption.—
(1) APPEARANCE.—The petitioner and the person to be adopted shall appear either in person or, with the permission of the court, telephonically before a person authorized to administer an oath at the hearing on the petition for adoption, unless:
(a) The person is a minor under 12 years of age; or
(b) The appearance of either is excused by the court for good cause.
(2) CONTINUANCE.—The court may continue the hearing from time to time to permit further observation, investigation, or consideration of any facts or circumstances affecting the granting of the petition.
(3) DISMISSAL.—
(a) If the petition is dismissed, further proceedings, if any, regarding the minor must be brought in a separate custody action under chapter 61, a dependency action under chapter 39, or a paternity action under chapter 742.
(b) If the petition is dismissed, the court shall state with specificity the reasons for the dismissal.
(4) JUDGMENT.—At the conclusion of the hearing, after the court determines that the date for a parent to file an appeal of a valid judgment terminating that parent’s parental rights has passed and no appeal, pursuant to the Florida Rules of Appellate Procedure, is pending and that the adoption is in the best interest of the person to be adopted, a judgment of adoption shall be entered. A judgment terminating parental rights pending adoption is voidable and any later judgment of adoption of that minor is voidable if, upon a parent’s motion for relief from judgment, the court finds that the adoption substantially fails to meet the requirements of this chapter. The motion must be filed within a reasonable time, but not later than 1 year after the date the judgment terminating parental rights was entered.
History.—s. 14, ch. 73-159; s. 3, ch. 77-140; s. 26, ch. 2001-3; s. 28, ch. 2003-58; s. 20, ch. 2008-151.

F.S. 63.142 on Google Scholar

F.S. 63.142 on CourtListener

Amendments to 63.142


Annotations, Discussions, Cases:

Cases Citing Statute 63.142

Total Results: 19  |  Sort by: Relevance  |  Newest First

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In Re Adoption of a Minor Child, 593 So. 2d 185 (Fla. 1991).

Cited 18 times | Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 771, 1991 Fla. LEXIS 2126, 1991 WL 259752

...g concerning the child in this or any other state about which he obtained information during this proceeding. [3] The actual court order in this case is captioned "Final Order of Adoption." The statute, however, uses the term "judgment of adoption." § 63.142, Fla....
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Solomon v. McLucas, 382 So. 2d 339 (Fla. 2d DCA 1980).

Cited 16 times | Published | Florida 2nd District Court of Appeal

...appellant's consent. Before reviewing the evidence pertinent to that inquiry, we find it necessary to discuss those factors which are not relevant in determining whether a nonconsenting parent's rights should be terminated in an adoption proceeding. Section 63.142 permits the entry of a judgment of adoption when the trial judge determines that all necessary consents have been obtained and that the adoption is in the best interests of the person to be adopted....
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Lofton v. Sec'y of the Dep't of Child. & Fam. Servs., 377 F.3d 1275 (11th Cir. 2004).

Cited 7 times | Published | Court of Appeals for the Eleventh Circuit

Senate amendment is now codified as Fla. Stat. § 63.142(3)(b) (2003). . Tape recording of the Florida
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LR v. Dep't of Child. & Families, 822 So. 2d 527 (Fla. 4th DCA 2002).

Cited 6 times | Published | Florida 4th District Court of Appeal | 2002 Fla. App. LEXIS 10078, 2002 WL 1614058

...We further note, the ultimate determination concerning adoptive placements rests with the trial court, which shall only enter a decree of adoption upon finding a particular adoptive placement is in the "best interest" of the child to be adopted. See § 63.142(4), Fla....
...to the non-relatives. On remand, we direct the trial court to determine if adoption of the minor children B.T. and M.W. is in the children's best interests, and upon such a finding, and such finding only, the court may enter a judgment of adoption. § 63.142(4), Fla....
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Florida Dep't of Child. & Families v. Adoption of X.X.G., 45 So. 3d 79 (Fla. 3d DCA 2010).

Cited 3 times | Published | Florida 3rd District Court of Appeal | 2010 Fla. App. LEXIS 14014, 61 A.L.R. 6th 621

...information which may be relevant to the suitability of the intended adoptive home. Id. § 63.125(5). If the trial judge concludes that the adoption is in the best interest of the person to be adopted, the Court enters the judgment of adoption. Id. § 63.142(4)....
...section 63.022(1): It is the intent of the legislature to protect and promote the well-being of persons being adopted and their natural and adoptive parents and to provide to all children who can benefit by it a permanent family life. At that time, section 63.142(4) guided the trial court: "At the conclusion of the hearing, when the court determines that all necessary consents have been obtained and that the adoption is in the best interest of the person to be adopted, a judgment of adoption sh...
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In Re Adoption of RAB, 426 So. 2d 1203 (Fla. 4th DCA 1983).

Cited 3 times | Published | Florida 4th District Court of Appeal | 1983 Fla. App. LEXIS 19031

...However, neither the child nor the appellant can successfully seek a decree of adoption posthumously. That is what appellant prayed for below and the trial judge correctly denied the relief sought although he failed to state with specificity the grounds for dismissal as required by Section 63.142(3)(b), Florida Statutes (1981)....
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In re Adoption of K.A.G., 152 So. 3d 1271 (Fla. 5th DCA 2014).

Cited 3 times | Published | Florida 5th District Court of Appeal | 2014 Fla. App. LEXIS 20849, 2014 WL 7331269

Grandmother. § 63.087(3), Fla. Stat. (2013). Section 63.142(4), Florida Statutes (2013), concerning the
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Davis v. Dixon, 545 So. 2d 318 (Fla. 3d DCA 1989).

Cited 2 times | Published | Florida 3rd District Court of Appeal | 1989 WL 47174

...[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. 63.142(4)." Section 63.142(4) Florida Statutes (1987) states: "(4) At the conclusion of the hearing, when the court determines that all necessary consents have been obtained and that the adoption is in the best interest of the person to be adopted, a judgment of...
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Gs v. Tb, 969 So. 2d 1049 (Fla. 1st DCA 2007).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2007 WL 2608520

...terminating that parent's parental rights has passed and no appeal, pursuant to the Florida Rules of Appellate Procedure, is pending and that the adoption is in the best interest of the person to be adopted, a judgment of adoption shall be entered. § 63.142(4), Fla....
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SDT v. Bundle of Hope Ministries, Inc., 949 So. 2d 1132 (Fla. 1st DCA 2007).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2007 WL 597042

...[4] Despite the fact that no finding had been made that appellant was the child's father at the time of the entry of the termination of rights order, the trial court was not precluded from making a finding to such effect following the hearing on appellant's motions. Section 63.142(4), Florida Statutes (2005), provides that a judgment of termination on which the later judgment of adoption is based is voidable, not void, if it is found by the court in considering a motion for relief from judgment that the judgment did not comply with the requirements of chapter 63....
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A.D. v. M.D.M., 920 So. 2d 857 (Fla. 4th DCA 2006).

Cited 1 times | Published | Florida 4th District Court of Appeal | 2006 Fla. App. LEXIS 2279, 2006 WL 401316

seeks relief from judgment, allowed pursuant to section 63.142(4), Florida Statutes, which must be done within
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In re C.T.D., 623 So. 2d 834 (Fla. Dist. Ct. App. 1993).

Published | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 8966, 1993 WL 337479

been cured by the amendment of the petition. Section 63.142(3)(a) and (4), Florida Statutes, requires the
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G.S. v. T.B., 969 So. 2d 1049 (Fla. 1st DCA 2007).

Published | Florida 1st District Court of Appeal | 2007 Fla. App. LEXIS 14239

adopted, a judgment of adoption shall be entered. § 63.142(4), Fla. Stat., (2006). We conclude from these
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Bituminous Cas. Corp. v. B & B Chem. Co., 179 So. 2d 125 (Fla. Dist. Ct. App. 1965).

Published | District Court of Appeal of Florida | 1965 Fla. App. LEXIS 3729

Judgments, § 35; 26 C.J.S. Declaratory Judgments, § 63; 142 A.L.R. 69. Therefore, the declaratory decree here
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Yancey v. Dep't of Health & Rehabilitative Servs., 413 So. 2d 438 (Fla. Dist. Ct. App. 1982).

Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20007

order of dismissal does not, as required by Section 63.-142, Florida Statutes (1979), “state with specificity
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Lofton v. Sec. Dept. of Child. & Fam., 377 F.3d 1275 (11th Cir. 2004).

Published | Court of Appeals for the Eleventh Circuit | 2004 WL 1627022

...We wish you would go back into the closet.”36 On June 8, 1977, exactly one day after Dade County voters repealed the 33 Tape recording of the Florida Senate proceedings, May 31, 1977 (copy of original in the Florida State Archives). This Senate amendment is now codified as Fla. Stat. § 63.142(3)(b) (2003). 34 Tape recording of the Florida Senate Judiciary Civil Committee proceedings, May 3, 1977. 35 Tape recording of the Florida Senate proceedings, May 11, 1977 (copy of original in the Florida State Archives). 36 “Gay Bills Pass Both Chambers,” Florida Times Union, June 1, 1977....
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Mixon v. Mixon Curtis, 352 So. 2d 574 (Fla. Dist. Ct. App. 1977).

Published | District Court of Appeal of Florida | 1977 Fla. App. LEXIS 17104

basis of newly discovered evidence. She points to § 63.142, Florida Statutes (1975), the statute govern*575ing
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H.L. ex rel. A.W. v. State, Dep't of Child. & Families, 718 So. 2d 236 (Fla. Dist. Ct. App. 1998).

Published | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 10485, 1998 WL 519589

of the child if the petition is dismissed. See § 63.142(3)(a), Fla. Stat. (1997). In this case, the trial
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Dillon v. Robb, 597 So. 2d 891 (Fla. Dist. Ct. App. 1992).

Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 4281, 1992 WL 75651

DCA), rev. denied, 551 So.2d 460 (Fla.1989). . § 63.142(4), Fla.Stat. (1989).

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