Florida Statutes

Fla. Stat. § 63.0425 (2025)

Grandparent’s right to notice.

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63.0425 Grandparent’s right to notice.—

(1) If a child has lived with a grandparent for at least 6 months within the 24-month period immediately preceding the filing of a petition for termination of parental rights pending adoption, the adoption entity shall provide notice to that grandparent of the hearing on the petition.

(2) This section does not apply if the placement for adoption is the result of the death of the child’s parent and a different preference is stated in the parent’s will.

(3) This section does not apply in stepparent adoptions.

(4) This section does not contravene the provisions of s. 63.142(4).

History.—s. 1, ch. 87-397; s. 10, ch. 2001-3; s. 6, ch. 2003-58; s. 6, ch. 2008-151.

Notes of Decisions

Cited in 19 cases, 1989–2015 · leading case: In Re Adoption of a Minor Child, 593 So. 2d 185 (Fla. 1991).

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In Re Adoption of a Minor Child, 593 So. 2d 185 (Fla. 1991). · cites it 11× “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.”

The Florida Bar v. Dove, 985 So. 2d 1001 (Fla. 2008). · cites it 21× “See § 63.0425, Fla. Stat. (2003). [5] Of his own initiative, Spuhler had Dove's rate increased to per hour, a figure he considers still extremely below market rate for her lobbying services.”

LR v. Dep't of Child. & Families, 822 So. 2d 527 (Fla. 4th DCA 2002). · cites it 8× “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…”

Hausmann Ex Rel. Doe v. LM, 806 So. 2d 511 (Fla. 4th DCA 2001). · cites it 6× “§ 63.0425(1), Fla. Stat. (1999). They argue that because the infant in this case had not lived with the grandparents for six months, the grandparents were precluded from adopting the child under any circumstances.”

Y.H. v. F.L.H., 784 So. 2d 565 (Fla. 1st DCA 2001). · cites it 6× “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…”

BB v. Dep't of Child. & Families, 854 So. 2d 822 (Fla. 1st DCA 2003). · cites it 4× “" § 63.0425(1), Fla. Stat. (2001) (emphasis added).”

Davis v. Dixon, 545 So. 2d 318 (Fla. 3d DCA 1989). · cites it 5× “[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.”

In Re Adoption of a Minor Child, 570 So. 2d 340 (Fla. 4th DCA 1990). · cites it 13× “Fla. Stat. §§ 63.0425 (2) & (3) (1987). Neither exception applies in this case.”

Rushing v. Bosse, 652 So. 2d 869 (Fla. 4th DCA 1995). · cites it 2× “Subsection 63.0425(1), Florida Statutes (1991), requires that when a child, who is to be placed for adoption, has lived with a grandparent for at least 6 months, the intermediary handling the adoption shall notify that grandparent of the pending adoption before the petition for…”

CM v. Dep't of Child. & Families, 953 So. 2d 547 (Fla. 1st DCA 2007). · cites it 2× “, § 63.0425, Fla. Stat. (2006) ("Grandparent's right to adopt").”

In Re Adoption of Baby A., 944 So. 2d 380 (Fla. 2d DCA 2006). · cites it 2× “Among the allegations, it provided that no grandparents were entitled to notice under section 63.0425, Florida Statutes (2004).”

Dillon v. Robb, 597 So. 2d 891 (Fla. 5th DCA 1992). · cites it 6× “The trial judge refused to give Dillon “priority” of consideration pursuant to section 63.0425, Florida Statutes. This section provides as follows: (1) When a child who has lived with a grandparent for at least 6 months is placed for adoption, the agency or intermediary handling…”

Show all 19 citing cases →

— 63.0425(1) — 12 cases

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

Hausmann Ex Rel. Doe v. LM, 806 So. 2d 511 (Fla. 4th DCA 2001). “§ 63.0425(1), Fla. Stat. (1999). They argue that because the infant in this case had not lived with the grandparents for six months, the grandparents were precluded from adopting the child under any circumstances.”

Y.H. v. F.L.H., 784 So. 2d 565 (Fla. 1st DCA 2001). “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…”

The Florida Bar v. Dove, 985 So. 2d 1001 (Fla. 2008). “See § 63.0425, Fla. Stat. (2003). [5] Of his own initiative, Spuhler had Dove's rate increased to per hour, a figure he considers still extremely below market rate for her lobbying services.”

BB v. Dep't of Child. & Families, 854 So. 2d 822 (Fla. 1st DCA 2003). “" § 63.0425(1), Fla. Stat. (2001) (emphasis added).”

— 63.0425(2) — 3 cases

In Re Adoption of a Minor Child, 570 So. 2d 340 (Fla. 4th DCA 1990). “Fla. Stat. §§ 63.0425 (2) & (3) (1987). Neither exception applies in this case.”

Dillon v. Robb, 597 So. 2d 891 (Fla. 5th DCA 1992). “The trial judge refused to give Dillon “priority” of consideration pursuant to section 63.0425, Florida Statutes. This section provides as follows: (1) When a child who has lived with a grandparent for at least 6 months is placed for adoption, the agency or intermediary handling…”

— 63.0425(3) — 1 case

Makaros v. Cichocki, 159 So. 3d 957 (Fla. 5th DCA 2015).

— 63.0425(4) — 2 cases

Davis v. Dixon, 545 So. 2d 318 (Fla. 3d DCA 1989). “[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.”

Davis v. Adoption of T.R.D., 575 So. 2d 1364 (Fla. 3d DCA 1991).

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