Annotations, Discussions, Cases:
Cases Citing Statute 63.082
Total Results: 61
543 So. 2d 741, 1989 WL 36465
Supreme Court of Florida | Filed: Apr 13, 1989 | Docket: 1420866
Cited 33 times | Published
...there is no question here that both natural parents appeared and fully contested the adoption procedure. On the equal protection issue, respondent natural mother argues, as a parent in an intermediary adoption, that her consent is irrevocable under section 63.082(5), absent a showing of fraud or duress, whereas parents in an agency adoption "have the unfettered right to withdraw their `consent' or surrender." In re I.B.J., 497 So.2d 1265, 1266 (Fla. 5th DCA 1986), review denied, 504 So.2d 766 (Fla. 1987). Respondents' argument is misplaced for two reasons. First, the provision in section 63.082(5) that consents to adoptions may not be withdrawn, absent fraud or duress, is applicable in all adoption proceedings....
467 So. 2d 1106, 10 Fla. L. Weekly 1115
District Court of Appeal of Florida | Filed: May 1, 1985 | Docket: 130673
Cited 16 times | Published
...On the question of the validity of the revocation of consent, appellant challenges the trial court's application of Florida law rather than Pennsylvania law. While Florida law is well settled that in the absence of fraud, duress, or undue influence a consent freely and voluntarily given is irrevocable, section 63.082(5), Florida Statutes (1983); In Re Cox, 327 So.2d 776 (Fla....
912 So. 2d 368, 2005 WL 2467056
District Court of Appeal of Florida | Filed: Oct 7, 2005 | Docket: 1755613
Cited 9 times | Published
...4th DCA 2003); Citibank, N.A. v. Blackhawk Heating & Plumbing Co., 398 So.2d 984 (Fla. 4th DCA 1981). Because the Department of Children and Family Services concedes that the trial court was required to permit Adoption Miracles to intervene pursuant to section 63.082(6)(b), Florida Statutes (2004), we reverse....
...[1] Further, as the Department appears to acknowledge, the birth mother's consent to the adoption of S.N.W. could not be set aside without notice to Adoption Miracles and an appropriate evidentiary basis to establish the consent was obtained by fraud or duress. See § 63.082(4)(b)....
...nd no subsequent documents from that proceeding are in our record. It appears, however, that the trial court intended to proceed with the dependency, and the Department intended to offer the birth mother a case plan for reunification with the child. Section 63.082(6) specifically provides: (a) If a birth parent executes a consent for placement of a minor with an adoption entity or qualified prospective adoptive parents and the minor child is in the custody of the department, but parental rights...
...Further, the trial court erred in setting aside the birth mother's consent without notice to Adoption Miracles that this matter was going to be addressed and without an evidentiary basis to conclude that the consent was obtained by fraud or duress. See § 63.082(4)(b) ("A consent executed under this paragraph is valid upon execution and may be withdrawn only if the court finds that it was obtained by fraud or duress."). Adoption Miracles argues additionally that the dependency court was not authorized to set aside the birth mother's consent to the adoption under any circumstances, relying on the language in section 63.082(6)(a) that an adoption consent executed when a child is in the custody of the Department but parental rights have not been terminated "shall be valid, binding, and enforceable by the court." Adoption Miracles does not assert that the b...
...consider whether the consent may be withdrawn based upon an allegation of fraud or duress. We disagree. Pursuant to section 63.032(7), the term "court" when used in chapter 63 adoption proceedings means "any circuit court of this state." Nothing in section 63.082 prohibits a circuit court that is properly exercising jurisdiction in a dependency case from addressing the validity of a birth mother's consent to an adoption....
...3(4) requires that any orders of the dependency court "be filed by the clerk of the court in any dissolution or other custody action or proceeding and shall take precedence over other custody and visitation orders entered in those actions." Further, section 63.082(6) specifically refers to the dependency court as "the court having jurisdiction over the minor pursuant to the shelter or dependency petition." *373 Here, a shelter petition and a dependency petition were filed before the birth mother signed a consent to the adoption of the child....
...chapter 39 with the circuit court in which the petitions were filed. See § 39.013(2). Thus, Adoption Miracles was required to intervene in the dependency proceeding to pursue the adoption of the child that was the subject of those proceedings. See § 63.082(6)(b)....
...rt. [3] However, the proceedings in the adoption case are secondary to the dependency proceedings. That is, if the dependency court determines the birth mother's consent to adoption was valid, the dependency court must then determine, as required by section 63.082(6)(c), that the prospective adoptive parents are properly qualified to adopt the child and that the adoption appears to be in the best interest of the minor child....
...Nevertheless, pursuant to section 39.013(4), any orders of the dependency court "shall take precedence over other custody and visitation orders" entered in any other division of the circuit court. Adoption Miracles was entitled to intervene in the dependency case pursuant to section 63.082(6)(b), given the birth mother's consent to the adoption of S.N.W....
...[4] We note that the "best interest" determination to be made under these circumstances is somewhat unique. If the birth parent has executed a valid and binding consent to an adoption, the court is not making a comparative assessment of the birth parents versus the prospective adoptive parents. Further, section 63.082(6)(d) specifically provides that the court "shall give consideration to the rights of the birth parent to determine an appropriate placement for the child" an explicit recognition of the parents' constitutional right to the care, custody, and control of their children....
624 So. 2d 273
District Court of Appeal of Florida | Filed: Jul 14, 1993 | Docket: 922212
Cited 9 times | Published
...Her letters were not sufficient to raise an issue of fraud or duress, which might justify an additional evidentiary hearing. See § 39.464(1), Fla. Stat. (1991) (consent for voluntary relinquishment can be withdrawn only if obtained by fraud or duress). Cf. § 63.082(5), Fla....
327 So. 2d 776
Supreme Court of Florida | Filed: Feb 11, 1976 | Docket: 1716344
Cited 9 times | Published
...(1971): "Service of process shall be unnecessary when a written consent is filed with the petition, or thereafter executed in the presence of two witnesses and acknowledged before an officer authorized by law to take acknowledgments ..." This statute has been repealed and replaced by Section 63.082, Fla....
912 So. 2d 650, 2005 WL 2292311
District Court of Appeal of Florida | Filed: Sep 21, 2005 | Docket: 1755682
Cited 7 times | Published
...Florida Statutes Chapter 63 controls termination of the parental rights of parents who have voluntarily placed their child for adoption. The court may terminate the parental rights of the mother if the court determines by clear and convincing evidence that the mother executed a valid consent under section 63.082, Florida Statutes, and that the consent was obtained according to the requirements of Chapter 63. See Fla. Stat. § 63.089(3)(a)(2004). A minor mother may consent to the adoption of her child and relinquish control or custody of the child to an adoption entity. See § 63.082(1)(b), Fla. Stat. (2004). Section 63.082(4)(b), Florida Statutes (2004), expressly provides that consent to an adoption can be withdrawn only if the court finds that the consent was obtained by fraud or duress....
...es are allowed to place, it logically follows that an adoption entity must be involved in every non-relative/step-parent adoption. Chapter 63 also specifies that an adoption entity be involved in a minor parent's placement of her child for adoption. Section 63.082(1)(b), Florida Statutes (2004), states that a minor parent, "has the power to relinquish his or her control or custody of the child to an adoption entity." This implies that a minor does not have the power to relinquish custody of the child to anyone other than an adoption entity....
...All of these requirements went unmet in this case because no adoption entity was involved. One deficiency in the proceedings here that particularly concerns us is the failure of an adoption entity to interview the mother before she executed her consent. Section 63.082(3)(b) requires a representative of the adoption entity to interview the parent before she executes the consent....
440 So. 2d 57
District Court of Appeal of Florida | Filed: Nov 9, 1983 | Docket: 1728502
Cited 7 times | Published
...optive parents had gotten the children and was told they had. Appellant also testified that someone else had told him he could revoke his consent within a year. Consent to adoption can not be withdrawn on a mere whim or because of a change of heart. Section 63.082(5), Florida Statutes (1981), provides that consent may only be withdrawn when the court finds that the consent was obtained by fraud or duress....
784 So. 2d 565, 2001 WL 505254
District Court of Appeal of Florida | Filed: May 15, 2001 | Docket: 1743978
Cited 7 times | Published
...In denying the motion to intervene and to consolidate, the trial court found that S.L.H. had not lived with her maternal grandmother at any time subsequent to her birth, and that the biological parents had executed valid waivers of right to counsel, affidavits of birthparents, and consents for adoption. See § 63.082(5), Fla.Stat....
524 So. 2d 1037, 1988 WL 23651
District Court of Appeal of Florida | Filed: Mar 24, 1988 | Docket: 372256
Cited 6 times | Published
...l to the child. In re Adoption of Baby Girl C., 511 So.2d 345 (Fla. 2d DCA 1987); In re Guardianship of D.A. McW., 460 So.2d 368 (Fla. 1984); Hinkle v. Lindsey, 424 So.2d 983 (Fla. 5th DCA 1983); In re Adoption of Cox, 327 So.2d 776 (Fla. 1976). [9] § 63.082(5), Fla....
736 So. 2d 146, 1999 WL 445795
District Court of Appeal of Florida | Filed: Jul 2, 1999 | Docket: 1419728
Cited 6 times | Published
...Children's Home Society of West Virginia, 17 F.Supp.2d 577 (S.D.W.V.1998); see also Gibbs v. Ernst, 538 Pa. 193, 202, 647 A.2d 882, 886 (1994) (noting that "causes of action for wrongful adoption are no more than an extension of common law principles to the adoption setting"). [3] See § 63.082, Fla....
784 So. 2d 565, 2001 Fla. App. LEXIS 6636
District Court of Appeal of Florida | Filed: May 15, 2001 | Docket: 64805229
Cited 5 times | Published
of birthparents, and consents for adoption. See § 63.082(5), Fla.Stat. (1999) (“Consent may be withdrawn
511 So. 2d 345, 12 Fla. L. Weekly 1687
District Court of Appeal of Florida | Filed: Jul 8, 1987 | Docket: 1338767
Cited 5 times | Published
...The judgment denying appellants' petition for adoption was entered by the trial court on the basis of its determination that the natural mother, about a week after she had consented to the adoption of her child and before appellants took custody of the child, had validly revoked her consent. Section 63.082(5), Florida Statutes (1985), provides that a "[c]onsent [to an adoption] may be withdrawn only when the court finds that the consent was obtained by fraud or duress." The trial court found that the natural mother's consent had been rev...
...justice to *353 appellants in this case from permitting the natural mother to keep her child. We recognize that appellants' argument incorporates other legitimate legal contentions that the law of this case was incorrect. For example, the wording of section 63.082(5), which provides the grounds upon which a parent's consent to an adoption can be withdrawn, is, as we have said, that a parent's consent may be withdrawn "only when the court finds that the consent was obtained by fraud or duress." N...
...Equity may grant such relief to the complainant despite the fact that the other party did not by commission or omission contribute to the mistake...." 9 Fla.Jur.2d Cancellation, etc. § 30. In the final analysis, the meaning of the word "duress" in Florida Statutes section 63.082(5) is a matter of legislative intent. Therefore, the interpretation of section 63.082(5) which supports the law of this case is that the legislature did not intend that a matter like this should be controlled by rigid rules of law. In other words, that interpretation is that the legislature did not intend to limit the meaning of the term "duress" in section 63.082(5) to what the Missouri court in In the Matter of D....
...rcumstances." That would be in recognition that the potentially permanent loss of a child to whom a mother gave birth goes to the deepest of human sensitivities. That this statutory interpretation is justified might be attributed to the way in which section 63.082(5) is worded....
...taken to indicate that the legislature contemplated an exercise of judgment by a court in its determination of whether fraud or duress should be found to exist, rather than the application of a rigid legal rule. In that sense Florida courts applying section 63.082(5) would weigh the justice and equities of a case in a way somewhat similar to the way the Missouri court did in In the Matter of D. and D.. This is not to say that that Missouri case may be taken to reflect Florida law. The Missouri statute gave much broader leeway to the courts in deciding when an adoption consent may properly be revoked than does section 63.082(5)....
...Thus, while the law of this case did not represent this court subscribing to the holding of that Missouri case, that case, by having enunciated the concept of duress by force of circumstances, does support the law of this case by showing that the term "duress" contained in section 63.082(5) has a dimension beyond that of legal duress....
...We have obtained and examined a copy of the House Staff Report concerning the Florida Adoption Act as enacted in 1973. That report does not contain any manifestation as to any particular meaning of the term "duress" intended by the legislature to be encompassed within that term as used in section 63.082(5)....
721 So. 2d 811, 1998 Fla. App. LEXIS 15884, 1998 WL 874913
District Court of Appeal of Florida | Filed: Dec 16, 1998 | Docket: 1323141
Cited 5 times | Published
...elying on the consent, as the judgments in this case and Henriquez would make it appear, but rather on the parent seeking to set aside the consent on the grounds of fraud or duress. Parents who have executed consents pursuant to section 39.464(1) or section 63.082 [2] may not challenge the child's subsequent adoption unless a court finds that the consent was "obtained by fraud or duress." §§ 39.464(1); 63.082(5); In re Cox, 327 So.2d 776, 777-78 (Fla.1976)(absent finding of fraud or duress, consent is irrevocable)....
...In the present case, the evidence did not establish that the mother was under duress when she executed the consent, but rather that she did so freely and voluntarily, *813 and, months later, simply had a change of heart. We therefore affirm. DELL, and GUNTHER, JJ., concur. NOTES [1] Section 63.082, Florida Statutes (1997), also authorizes consents in adoptions, and it is similar to section 39.464(1) in that it "may be withdrawn only when the court finds that the consent was obtained by fraud or duress." § 63.082(5)....
...this case alleged that the child was dependent within the meaning of Chapter 39. [2] Our conclusions regarding the burden of proof where a parent is seeking to set aside a consent based on fraud or duress would apply to consents executed pursuant to section 63.082 as well as section 39.464....
874 F. Supp. 383, 1994 U.S. Dist. LEXIS 19419, 1994 WL 741812
District Court, M.D. Florida | Filed: Dec 13, 1994 | Docket: 2372847
Cited 5 times | Published
...s. Hewitt, 459 U.S. at 466, 103 S.Ct. at 868-69, citing Meachum v. Fano, 427 U.S. 215, 223-27, 96 S.Ct. 2532, 2537-40, 49 L.Ed.2d 451 (1976). Plaintiffs contend that they had a liberty interest of entitlement to a judicial hearing pursuant to either § 63.082(5), Fla.Stat., or § 61.131, Fla.Stat., prior to being deprived of legal custody of Bradley....
...Plaintiffs contend that Bradley should not have been taken unless Ms. Martin's consent was properly revoked and that consent can only be properly revoked when there has been a judicial determination that the consent was originally obtained by fraud or duress. Fla.Stat. § 63.082(5)....
...Martin's status affects Plaintiffs' statutory right as persons in physical custody of Bradley to notice and opportunity to be heard. Defendants suggested at the oral argument that Plaintiffs would have enjoyed a liberty interest in a right to notice and hearing under § 63.082(5) had they simply initiated adoption proceedings. Section 63.082(5) provides that "Consent [to an adoption] may be withdrawn only when the court finds that the consent was obtained by fraud or duress." Although this provision is found within the adoption statute, Defendants provide no statutory lang...
...As noted above, § 61.131 requires that, "[b]efore a decree is made under this act, reasonable notice and opportunity to be heard shall be given to ... any person who has physical custody of the child." "Shall" indicates that notice and an opportunity to be heard are mandatory, not discretionary. Furthermore, § 63.082(5) provides that "Consent may be withdrawn only when the court finds that the consent was obtained by fraud or duress." As with § 61.131, the need for a judicial determination is mandatory, rather than discretionary, as evidenced by the us...
497 So. 2d 1265, 11 Fla. L. Weekly 2205
District Court of Appeal of Florida | Filed: Oct 16, 1986 | Docket: 1689644
Cited 4 times | Published
...aw her consent and would contest the adoption. A hearing was held in which the mother made a motion to withdraw her consent. It was the opinion of the trial court that the consent could only be withdrawn upon a showing of fraud or duress pursuant to section 63.082(5), Florida Statutes (1985), or if the consent document was executed without full knowledge of its effect....
...Black's Law Dictionary, 1295 (Rev. 5th Ed. 1979). When the natural mother in this case resisted and *1267 the child was taken over her objection, there was no surrender. The trial court erred when it required a showing of fraud or duress to withdraw a valid consent because section 63.082(5), Florida Statutes (1985) does not apply to dependency hearings....
534 So. 2d 743, 1988 WL 115954
District Court of Appeal of Florida | Filed: Nov 2, 1988 | Docket: 1295775
Cited 4 times | Published
...She asserts that the consent was executed under duress, that she was not afforded the opportunity to review the document, and that she received no counselling to insure that it was voluntary. She also claims that Bischoff failed to comply with sections 63.022(k), 63.082(5), and 63.092(1) and (3)(c), Florida Statutes (1985). We affirm the trial court's order dismissing Hindman's petition for writ of habeas corpus. Under the present state of the law, a consent to adoption may only be withdrawn upon a judicial finding that it was obtained by fraud or duress. § 63.082(5), Fla....
947 So. 2d 1212, 2007 WL 188243
District Court of Appeal of Florida | Filed: Jan 26, 2007 | Docket: 1376526
Cited 4 times | Published
...confront a critical obstacle in their challenge to the December 2005 order. The impediment derives from the fact that the court's order is merely a preliminary procedural step on the way to the order that they ultimately want to challengea decision that a private adoption is in J.T.'s best interest pursuant to section 63.082(6)(c), Florida Statutes (2006). The Department does not and acknowledges that it cannot challenge the propriety of permitting Heart of Adoptions to intervene in the dependency action pursuant to section 63.082(6)(b), which provides as follows: Upon execution of the consent of the birth parent, the adoption entity shall be permitted to intervene in the dependency case as a party in interest and shall provide the court having jurisdiction over...
...n adoption entity has intervened pursuant to this section. Heart of Adoptions provided the circuit court with the statutorily required home study. However, the circuit court specifically halted the process before taking the next steps as required by section 63.082(6)(c): Upon a determination by the court that the prospective adoptive parents are properly qualified to adopt the minor child and that the adoption appears to be in the best interest of the minor child, the court shall immediately order the transfer of custody of the minor child to the prospective adoptive parents, under the supervision of the adoption entity. . . . Making the best-interest determination under section 63.082(6)(c) would require the circuit court to analyze the factors set out in section (6)(d) as follows: In determining whether the best interest of the child will be served by transferring the custody of the minor child to the prospective a...
...inal order is challenged by way of certiorari. Curry v. State, 880 So.2d 751, 755-56 (Fla. 2d DCA 2004). The circuit court should not have attempted to transfer the case in the first place until it made the required best-interest determination under section 63.082....
559 So. 2d 87
District Court of Appeal of Florida | Filed: Feb 13, 1990 | Docket: 1751651
Cited 4 times | Published
...Appellants sought to invalidate M.A.B.'s adoption more than one year after the entry of the final judgment. They maintain that their action is not barred because HRS concealed crucial information concerning the extent of M.A.B.'s psychological problems, in contravention of section 63.082(3)(b), Florida Statutes (1987)....
...[4] Agreeing that fraud is not a mere irregularity, we hold that the motion to annul the adoption is not barred by the time limitations of section 63.182, Florida Statutes (1987). Appellants seek to establish that HRS knowingly failed to provide a complete medical history of the child in contravention of the requirements of section 63.082(3)(b), Florida Statutes (1987)....
...[2] Although annulment of an adoption is not usually in the best interest of the child, the circumstances of this case do not fall within the usual pattern. Annulments are more often sought by the parent who gives the child for adoption rather than by the adopting parent. [3] Section 63.082(3)(b), Florida Statutes (1987), requires HRS to attach a copy of the child's medical history to the form providing consent to adoption....
230 So. 3d 905
District Court of Appeal of Florida | Filed: Sep 27, 2017 | Docket: 6159000
Cited 3 times | Published
which placement would be better for the child. Section, 63.082(6)(a), Florida Statutes (2017), provides that
912 So. 2d 368, 2005 Fla. App. LEXIS 16035
District Court of Appeal of Florida | Filed: Oct 7, 2005 | Docket: 64840609
Cited 3 times | Published
Adoption Miracles to intervene pursuant to section 63.082(6)(b), Florida Statutes (2004), we reverse
927 So. 2d 131, 2006 WL 1039728
District Court of Appeal of Florida | Filed: Apr 21, 2006 | Docket: 1761283
Cited 3 times | Published
...Wendie Michelle Cooper, Orlando, for Appellee/Cross-Appellant, Guardian Ad Litem. PALMER, J. P.K. (mother) appeals the trial court's order denying her petition for approval of a conditional surrender of parental rights and proposed adoption of her minor children filed pursuant to section 63.082(6) of Florida's Adoption Act....
...After the case was remanded to the trial court, but before the trial court complied with our mandate, an adoption agency known as A Chosen Child, Inc., filed an emergency motion to intervene in the proceedings. The agency sought a change of custody pursuant to section 63.082(6) of the Florida Statutes....
...charged with the duty of ensuring that the best interests of the children are advanced; this duty exists during dependency proceedings and continues through adoption proceedings. B.Y. *134 v. Dep't of Children & Families, 887 So.2d 1253 (Fla.2004). Section 63.082(6) of the Florida Statutes was enacted to address the factual situation which presents itself in the instant case. Section 63.082(6)(c) of the Florida Statutes provides: 63.082....
...child and that the adoption appears to be in the best interest of the minor child, the court shall immediately order the transfer of custody of the minor child to the prospective adoptive parents, under the supervision of the adoption entity. . . . § 63.082(6)(c), Fla....
985 So. 2d 1001, 2008 WL 2373903
Supreme Court of Florida | Filed: Jun 12, 2008 | Docket: 1254395
Cited 2 times | Published
...(Thus there was no way that a determination could be made as to claims by other persons.); contrary to § 63.062, F.S. (2001), Respondent failed to obtain and file a consent to adopt form from the biological father even though the surrender is stated in the petition for adoption. (Bar Exhibit 32); contrary to § 63.082(3)(a), F.S. (2001), Respondent failed to obtain and file a family, social and medical history from the biological father; contrary to § 63.082(3)(b), F.S. (2001), Respondent failed to obtain and file an interview, summary, or statement from the biological father; contrary to § 63.082(6), F.S....
912 So. 2d 650, 2005 Fla. App. LEXIS 14744
District Court of Appeal of Florida | Filed: Sep 21, 2005 | Docket: 64840646
Cited 1 times | Published
that the mother executed a valid consent under section 63.082, Florida Statutes, and that the consent was
246 So. 3d 509
District Court of Appeal of Florida | Filed: May 3, 2018 | Docket: 6384773
Cited 1 times | Published
II. CONSENT TO ADOPTION Section 63.082, Florida Statutes, governs proceedings related
724 So. 2d 1235, 1999 Fla. App. LEXIS 319, 1999 WL 18399
District Court of Appeal of Florida | Filed: Jan 20, 1999 | Docket: 1733863
Cited 1 times | Published
...In this appeal, the mother argues, inter alia, that the trial court erred in not allowing her to withdraw her consent because she signed the papers under duress. While we are sympathetic, we must affirm the order on appeal. Chapter 63 of the Florida Statutes governs the procedures for adoption. Section 63.082(4), Florida Statutes (1997), provides that a consent for voluntary surrender must be executed only after the birth of the child, in the presence of two witnesses, with the acknowledgment of a notary. Section 63.082(5) provides that "[c]onsent may be withdrawn only when the court finds that the consent was obtained by fraud or duress." Here, the mother does not allege that the adoption agency engaged in any fraud or duress....
33 So. 3d 106, 2010 Fla. App. LEXIS 5527
District Court of Appeal of Florida | Filed: Apr 26, 2010 | Docket: 60289930
Cited 1 times | Published
executed written consent that complies with section 63.082, Florida Statutes (2009). Section 63.089, Florida
District Court of Appeal of Florida | Filed: Sep 8, 2023 | Docket: 67774356
Published
after considering all the statutory factors, see § 63.082(6)(e), Fla. Stat. (2021), that the prospective
District Court of Appeal of Florida | Filed: Sep 4, 2024 | Docket: 69127385
Published
not have party status in an Adoption Entity’s section 63.082(6) intervention proceeding regarding the child’s
District Court of Appeal of Florida | Filed: Sep 15, 2021 | Docket: 60385575
Published
adoption of a minor with an adoption entity.” § 63.082(6)(a), Fla. Stat. (2020). The father did so, and
270 So. 3d 523
District Court of Appeal of Florida | Filed: May 3, 2019 | Docket: 64713210
Published
adoption. He further argues that pursuant to section 63.082(6)(g), he had the right to participate in Child's
270 So. 3d 523
District Court of Appeal of Florida | Filed: May 3, 2019 | Docket: 64713209
Published
adoption. He further argues that pursuant to section 63.082(6)(g), he had the right to participate in Child's
District Court of Appeal of Florida | Filed: Mar 20, 2016 | Docket: 3046127
Published
R. with Appellees for adoption pursuant to section 63.082(6), Florida Statutes (2015), because we find
335 So. 2d 845, 1976 Fla. App. LEXIS 13950
District Court of Appeal of Florida | Filed: Jul 9, 1976 | Docket: 64554616
Published
and father do not meet the requirements of Section 63.-082(2) Florida Statutes; (2) no notice was given
142 So. 3d 919, 2014 WL 3375933
District Court of Appeal of Florida | Filed: Jul 7, 2014 | Docket: 453317
Published
...5th DCA 2008); W.T. v. Dep’t of Children
& Families, 846 So. 2d 1278, 1281 (Fla. 5th DCA 2003).
Upon executing a consent for the adoption of a child older than six months of age,
the parent has three days in which to revoke that consent. § 63.082(7)(a), Fla. Stat.
(2012). Generally, after the expiration of the three-day revocation period, consent can be
set aside only when the court finds that the consent was obtained by fraud or duress. §
63.082(7)(f), Fla....
...tion
entity nor the mother’s attorney was present when the mother signed the consent form.
In addition, the court found that the mother was not provided with reasonable notice of
her right to select a witness of her own choosing, as required by section 63.082(4)(d),
Florida Statutes (2012)....
...ng a consent for the foster parents.
The use of a password, again according to the maternal grandmother, was necessary
because the mother feared that her attorney would “trick her” into signing a consent in
favor of the paternal aunt.
Section 63.082(1)(a)3., Florida Statutes (2012), provides alternative methods for
executing a consent to adopt:
9
§ 63.082....
624 So. 2d 273, 1993 Fla. App. LEXIS 7504
District Court of Appeal of Florida | Filed: Jul 14, 1993 | Docket: 64742954
Published
withdrawn only if obtained by fraud or duress). Cf. § 63.082(5), Fla.Stat. (1991); In re Adoption of Doe, 543
District Court of Appeal of Florida | Filed: Jan 5, 2022 | Docket: 61689390
Published
912 So.2d 650 (Fla. 4th DCA 2005)[.] V. Section 63.082(4)(b), Florida Statutes, expressly provides
947 So. 2d 1212
District Court of Appeal of Florida | Filed: Jan 26, 2007 | Docket: 64848781
Published
adoption is in J.T.’s best interest pursuant to section 63.082(6)(c), Florida Statutes (2006). The Department
District Court of Appeal of Florida | Filed: Jan 13, 2016 | Docket: 3027806
Published
...M.
(prospective adoptive parents) to proceed with the adoption of Do.S. (a minor
child).
Upon review, we affirm the trial court’s thorough and detailed order, as
there was competent substantial evidence in the record to support the court’s
factual determinations and its application of section 63.082(6)(a)-(e), Florida
Statutes (2015)....
559 So. 2d 87, 1990 WL 11792
District Court of Appeal of Florida | Filed: Feb 13, 1990 | Docket: 64649330
Published
psychological problems, in contravention of section 63.-082(3)(b), Florida Statutes (1987).3 We must therefore
District Court of Appeal of Florida | Filed: Dec 4, 2024 | Docket: 69435178
Published
Pursuant to a provision in the adoption statutes, section 63.082(6), Florida Statutes (2022), Heart of Adoptions
District Court of Appeal of Florida | Filed: Dec 20, 2023 | Docket: 68042701
Published
alternatively she sought to intervene in the section 63.082(6), Florida Statutes (2022), proceedings regarding
District Court of Appeal of Florida | Filed: Dec 20, 2023 | Docket: 68103700
Published
Consent, which closely mirrors the language of section 63.082(4)(e), Florida Statutes (2021), regarding the
District Court of Appeal of Florida | Filed: Aug 30, 2017 | Docket: 6145375
Published
which placement would be better for the child. Section 63.082(6)(a), Florida Statutes (2017), provides that
District Court of Appeal of Florida | Filed: Apr 29, 2022 | Docket: 66713620
Published
court allowed the intervention pursuant to section 63.082(6)(c), Florida Statutes (2021), and found the
33 So. 3d 106, 2010 WL 1642789
District Court of Appeal of Florida | Filed: Apr 26, 2010 | Docket: 629291
Published
...See In re: Adoption of Baby E.A.W., 658 So.2d 961, 967 (Fla.1995). We affirm the father's remaining issues without comment. Section 63.062(1), Florida Statutes (2009), authorizes termination of parental rights pending adoption when the parents have executed written consent that complies with section 63.082, Florida Statutes (2009). Section 63.089, Florida Statutes (2009), permits the circuit court to terminate parental rights pending adoption when it has determined by clear and convincing evidence that the parent has "executed a valid consent under s. 63.082 and the consent was obtained according to the requirements of this chapter." It is undisputed that the father signed a consent form that was inconsistent with material provisions of section 63.082. Specifically, the consent form expressly allowed the father to withdraw his consent any time before placement of the child with the adoptive parents, which he did. Section 63.082(4)(c), however, provides only a three-day revocation period....
