Florida Statute 63.0427 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 63
ADOPTION

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F.S. 63.0427

63.0427 Agreements for continued communication or contact between adopted child and siblings, parents, and other relatives.—

(1) A child whose parents have had their parental rights terminated and whose custody has been awarded to the department pursuant to s. 39.811, and who is the subject of a petition for adoption under this chapter, shall have the right to have the court consider the appropriateness of postadoption communication or contact, including, but not limited to, visits, written correspondence, or telephone calls, with his or her siblings or, upon agreement of the adoptive parents, with the parents who have had their parental rights terminated or other specified biological relatives. The court shall consider the following in making such determination:

(a) Any orders of the court pursuant to s. 39.811(7).

(b) Recommendations of the department, the foster parents if other than the adoptive parents, and the guardian ad litem.

(d) Any other information deemed relevant and material by the court.

If the court determines that the child’s best interests will be served by postadoption communication or contact, the court shall so order, stating the nature and frequency of the communication or contact. This order shall be made a part of the final adoption order, but the continuing validity of the adoption may not be contingent upon such postadoption communication or contact and the ability of the adoptive parents and child to change residence within or outside the State of Florida may not be impaired by such communication or contact.

(2) Notwithstanding s. 63.162, the adoptive parent may, at any time, petition for review of a communication or contact order entered pursuant to subsection (1), if the adoptive parent believes that the best interests of the adopted child are being compromised, and the court may order the communication or contact to be terminated or modified, as the court deems to be in the best interests of the adopted child; however, the court may not increase contact between the adopted child and siblings, birth parents, or other relatives without the consent of the adoptive parent or parents. As part of the review process, the court may order the parties to engage in mediation. The department shall not be required to be a party to such review.

History.—s. 3, ch. 98-50; s. 24, ch. 99-2; s. 52, ch. 99-193; s. 11, ch. 2001-3; s. 7, ch. 2003-58; s. 7, ch. 2012-81.

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Amendments to 63.0427

Arrestable Offenses / Crimes under Fla. Stat. 63.0427

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 63.0427.

Annotations, Discussions, Cases:

Cases Citing Statute 63.0427

Total Results: 3

S.J. ex rel. M.W. v. W.L.

Court: District Court of Appeal of Florida | Date Filed: 2000-03-29

Citation: 755 So. 2d 753, 2000 Fla. App. LEXIS 3682

Snippet: Fla. Stat. (1999). On the other hand, section 63.0427 also provides that: “A child ... who is the subject

SJ Ex Rel. MW v. WL

Court: District Court of Appeal of Florida | Date Filed: 2000-03-29

Citation: 755 So. 2d 753, 2000 WL 314472

Snippet: adopted minor's statutory right under section 63.0427 to "have the court consider the appropriateness

Busby v. State

Court: District Court of Appeal of Florida | Date Filed: 1964-02-25

Citation: 161 So. 2d 54

Snippet: PER CURIAM. This appeal is under the appellant’s motion to vacate or set aside judgment and sentence pursuant to Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix. In view of the fact that the appellate courts of this State have already passed upon similar questions, suffice it to say that on the appellant’s appeal the Criminal Court of Record is reversed upon authority of King v. State, Fla.App.1963, 157 So.2d 440, Barker v. State, Fla.App.1964, 159 So.2d 676, and cases cited therein. Accordingly