63.0425
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
In Re Adoption of a Minor Child (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.”
The Florida Bar v. Dove (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.”
LR v. Department of Children & Families (2002)
“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 (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. (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…”
BB v. Department of Children and Families (2003)
“" § 63.0425(1), Fla. Stat. (2001) (emphasis added).”
Davis v. Dixon (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.”
In Re Adoption of a Minor Child (1990)
“Fla. Stat. §§ 63.0425 (2) & (3) (1987). Neither exception applies in this case.”
Rushing v. Bosse (1995)
“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. Department of Children and Families (2007)
“, § 63.0425, Fla. Stat. (2006) ("Grandparent's right to adopt").”
In Re Adoption of Baby A. (2006)
“Among the allegations, it provided that no grandparents were entitled to notice under section 63.0425, Florida Statutes (2004).”
Dillon v. Robb (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(1) — 12 cases
In Re Adoption of a Minor Child (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 (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. (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 (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. Department of Children and Families (2003)
“" § 63.0425(1), Fla. Stat. (2001) (emphasis added).”
— 63.0425(2) — 3 cases
In Re Adoption of a Minor Child (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.”
In Re Adoption of a Minor Child (1990)
“Fla. Stat. §§ 63.0425 (2) & (3) (1987). Neither exception applies in this case.”
Dillon v. Robb (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 (2015)
— 63.0425(4) — 2 cases
Davis v. Dixon (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. (1991)
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