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Florida Statute 63.087 | Lawyer Caselaw & Research
F.S. 63.087 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 63
ADOPTION
View Entire Chapter
F.S. 63.087
63.087 Proceeding to terminate parental rights pending adoption; general provisions.
(1) JURISDICTION.A court of this state which is competent to decide child welfare or custody matters has jurisdiction to hear all matters arising from a proceeding to terminate parental rights pending adoption.
(2) VENUE.
(a) A petition to terminate parental rights pending adoption must be filed:
1. In the county where the child resides; or
2. In the county where the adoption entity is located.
(b) If a petition for termination of parental rights has been filed and a parent whose consent is required objects to venue, there must be a hearing in which the court shall determine whether that parent intends to assert legally recognized grounds to contest a termination of parental rights and, if so, the court may transfer venue to a proper venue under this subsection. For purposes of selecting venue, the court shall consider the ease of access to the court for the parent and the factors set forth in s. 47.122.
(c) If there is a transfer of venue, the court may determine which party shall bear the cost of venue transfer.

For purposes of the hearing under this subsection, witnesses located in another jurisdiction may testify by deposition or testify by telephone, audiovisual means, or other electronic means before a designated court or at another location. Documentary evidence transmitted from another location by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission. The court on its own motion may otherwise prescribe the manner and terms upon which the testimony is taken.

(3) PREREQUISITE FOR ADOPTION.A petition for adoption may not be filed until after the date the court enters the judgment terminating parental rights pending adoption. The clerk of the court shall issue a separate case number and maintain a separate court file for a petition for adoption. A petition for adoption may not be maintained in the same court file as the proceeding to terminate parental rights. Adoptions of relatives, adult adoptions, or adoptions of stepchildren are not required to file a separate termination of parental rights proceeding pending adoption. In such cases, the petitioner may file a joint petition for termination of parental rights and adoption, attaching all required consents, affidavits, notices, and acknowledgments. Unless otherwise provided by law, this chapter applies to joint petitions.
(4) PETITION.
(a) A proceeding seeking to terminate parental rights pending adoption pursuant to this chapter must be initiated by the filing of an original petition after the birth of the minor.
(b) The petition may be filed by a parent or person having physical custody of the minor. The petition may be filed by an adoption entity only if a parent or person having physical or legal custody who has executed a consent to adoption pursuant to s. 63.082 also consents in writing to the adoption entity filing the petition. The original of such consent must be filed with the petition.
(c) The petition must be entitled: “In the Matter of the Termination of Parental Rights for the Proposed Adoption of a Minor Child.”
(d) The petition to terminate parental rights pending adoption must be in writing and signed by the petitioner under oath stating the petitioner’s good faith in filing the petition. A written consent to adoption, affidavit of nonpaternity, or affidavit of diligent search under s. 63.088, for each person whose consent to adoption is required under s. 63.062, must be executed and attached.
(e) The petition must include:
1. The child’s name, gender, date of birth, and place of birth. The petition must contain all names by which the child is or has been known, excluding the child’s prospective adoptive name but including the child’s legal name at the time of the filing of the petition.
2. All information required by the Uniform Child Custody Jurisdiction and Enforcement Act and the Indian Child Welfare Act.
3. A statement of the grounds under s. 63.089 upon which the petition is based.
4. The name, address, and telephone number of any adoption entity seeking to place the child for adoption.
5. The name, address, and telephone number of the division of the circuit court in which the petition is to be filed.
6. A certification that the petitioner will comply with the requirements of s. 63.0425 regarding notice to grandparents of an impending adoption.
7. A copy of the original birth certificate of the child, attached to the petition or filed with the court before the final hearing on the petition to terminate parental rights.
(5) SUMMONS TO BE ISSUED.The petitioner shall cause a summons to be issued substantially in the form provided in Form 1.902, Florida Rules of Civil Procedure. Petition and summons shall be served upon any person whose consent has been provided but who has not waived service of the pleadings and notice of the hearing thereon and also upon any person whose consent is required but who has not provided that consent.
(6) ANSWER AND APPEARANCE REQUIRED.An answer to the petition or any pleading requiring an answer must be filed in accordance with the Florida Family Law Rules of Procedure. Failure to file a written response to the petition constitutes grounds upon which the court may terminate parental rights. Failure to personally appear at the hearing constitutes grounds upon which the court may terminate parental rights. Any person present at the hearing to terminate parental rights pending adoption whose consent to adoption is required under s. 63.062 must:
(a) Be advised by the court that he or she has a right to ask that the hearing be reset for a later date so that the person may consult with an attorney; and
(b) Be given an opportunity to admit or deny the allegations in the petition.
History.s. 16, ch. 2001-3; s. 17, ch. 2003-58; s. 8, ch. 2005-2; s. 12, ch. 2008-151; s. 15, ch. 2012-81; s. 2, ch. 2023-257.

F.S. 63.087 on Google Scholar

F.S. 63.087 on Casetext

Amendments to 63.087


Arrestable Offenses / Crimes under Fla. Stat. 63.087
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 63.087.



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN INTEREST OF D. P. III, a M. M. v. K. P., 228 So. 3d 718 (Fla. Dist. Ct. App. 2017)

. . . hearing judge’s name and phone number and concluded with this warning written in all-caps: Under sections 63.087 . . .

In B. W. G B. J. G. N. A. G. v. J. L. G., 198 So. 3d 1025 (Fla. Dist. Ct. App. 2016)

. . . See § 63.087(4); see also V.C.B, v. Shakir, 145 So.3d 967, 968 (Fla. 4th DCA 2014). . . .

In ADOPTION OF K. A. G. a, 152 So. 3d 1271 (Fla. Dist. Ct. App. 2014)

. . . Grandmother complied with the statutory requirements under section 63.087, Florida Statutes (2013), for . . . Grandmother’s petition to terminate Father’s parental rights and adopt Child was filed under section 63.087 . . . cases, the petitioner may .file a joint petition for termination of parental rights and adoption....” § 63.087 . . . should have then determined, in the same proceeding, whether Child should be adopted by Grandmother. § 63.087 . . . See § 63.087(3), Fla. . . .

V. C. B. E. G. B. v. SHAKIR,, 145 So. 3d 967 (Fla. Dist. Ct. App. 2014)

. . . . § 63.087(3), Fla. Stat. (2014). . . .

In AMENDMENTS TO FLORIDA FAMILY LAW RULES OF PROCEDURE, 126 So. 3d 228 (Fla. 2013)

. . . Statutes section 742.16, termination of parental rights proceedings pursuant to Florida Statutes section 63.087 . . .

SLOWINSKI v. M. SWEENEY,, 117 So. 3d 73 (Fla. Dist. Ct. App. 2013)

. . . .; see also §§ 63.087, 742.18, Fla. Stat. . . .

D. M. v. ELIZABETH R. BERKOWITZ, PA,, 112 So. 3d 575 (Fla. Dist. Ct. App. 2013)

. . . The petition for termination of the father’s rights was filed pursuant to section 63.087, Florida Statutes . . . section requires an answer and appearance in accordance with the Florida Rules of Family Procedure. § 63.087 . . . Further, the respondent must be given an opportunity to admit or deny the allegations of the petition. § 63.087 . . .

S. C. v. GIFT OF LIFE ADOPTIONS,, 100 So. 3d 774 (Fla. Dist. Ct. App. 2012)

. . . termination proceeding limits the status to one whose consent for adoption is required under section 63.087 . . .

Y. M. v. HOME AT LAST ADOPTION AGENCY,, 93 So. 3d 1112 (Fla. Dist. Ct. App. 2012)

. . . Pursuant to section 63.087(4), a petition to terminate parental rights pending adoption may be initiated . . .

In AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE- MANAGEMENT OF CASES INVOLVING COMPLEX LITIGATION, 30 So. 3d 477 (Fla. 2009)

. . . Statutes section 742.16, termination of parental rights proceedings pursuant to Florida Statutes section 63.087 . . .

D. S. In a v. J. L., 18 So. 3d 1103 (Fla. Dist. Ct. App. 2009)

. . . mother’s consent, Appellee filed a Petition for Termination of Parental Rights, pursuant to section 63.087 . . .

M. M. F. ADOPTION ENTITY, v. K. O. J. O., 4 So. 3d 39 (Fla. Dist. Ct. App. 2009)

. . . Further, under section 63.087(2)(b), Florida Statutes, the affected parent must first object to the selected . . .

THE FLORIDA BAR, v. DOVE,, 985 So. 2d 1001 (Fla. 2008)

. . . the purported “legal father” that would allow a termination of parental rights as required by section 63.087 . . . terminate parental rights, she did not file the petition with the trial court as required by section 63.087 . . . See §§ 63.087; 63.088, Fla. Stat. (2002). . . . Section 63.087(6)(f)(8), Florida Statutes (2002), provided that a petition for termination of parental . . . Moreover, the venue requirements of section 63.087(4), Florida Statutes (2002), were not observed in . . . Based on section 63.087(4)(a), Florida Statutes, the proceedings would have been in Orange or Seminole . . . See §§ 63.087(4)(a)1., (4)(a)4., Fla. Stat. (2002). . . . receipts of the consent to adopt from each person who executed the Consent to Adoption; contrary to § 63.087 . . . Respondent failed to file a certificate of compliance with grandparents notification law; contrary to § 63.087 . . .

HEART OF ADOPTIONS, INC. v. J. A., 963 So. 2d 189 (Fla. 2007)

. . . Pursuant to section 63.087, Florida Statutes (2005), HOA served J.A. with a summons, notice of petition . . . Although both sections 63.085 and 63.087 appear to apply only to persons whose consent is required, HOA . . . County, which is in the Fifth Circuit, the petition alleged that venue was proper pursuant to section 63.087 . . . Section 63.087(5), Florida Statutes (2005), requires that the petitioner serve the petition and summons . . .

S. D. T. In T. a v. BUNDLE OF HOPE MINISTRIES, INC., 949 So. 2d 1132 (Fla. Dist. Ct. App. 2007)

. . . Venue is proper in Duval County pursuant to § 63.087(4)(a)(3), Fla. . . .

In BABY R. P. S. J. C. J. v., 942 So. 2d 906 (Fla. Dist. Ct. App. 2006)

. . . Agency”), filed a petition to terminate J.C.J.’s parental rights pending adoption pursuant to section 63.087 . . . Furthermore, section 63.087(5) states that in the termination proceeding, a summons must be served on . . . It appears that the trial court and the Agency consider the proceeding pursuant to section 63.087-.089 . . .

In ADOPTION OF BABY A. a A. S. v. A. S. v., 944 So. 2d 380 (Fla. Dist. Ct. App. 2006)

. . . entered in a private adoption proceeding initiated by Gift of Life Adoptions, Inc., pursuant to section 63.087 . . . petition for voluntary termination of parental rights contained the information required by section 63.087 . . .

DEPARTMENT OF CHILDREN AND FAMILY SERVICES, v. P. S. In C. S. G. S. M. S., 932 So. 2d 1195 (Fla. Dist. Ct. App. 2006)

. . . 63.085; general provisions governing termination of parental rights pending adoption provided in s. 63.087 . . .

B. B. J. M. a v. P. J. M. K. M., 933 So. 2d 57 (Fla. Dist. Ct. App. 2006)

. . . filed, under the dependency action case number, their Petition for Family Adoption pursuant to section 63.087 . . . of the requirements of section 63.088(4), Florida Statutes (2004): In proceedings initiated under s. 63.087 . . .

In S. N. W. a LLC, v. S. C. W., 912 So. 2d 368 (Fla. Dist. Ct. App. 2005)

. . . See § 63.087, Fla. Stat. (2004). . . .

In S. M. A. L. a S. K. R. v., 902 So. 2d 328 (Fla. Dist. Ct. App. 2005)

. . . provisions governing the proceeding to terminate parental rights pending adoption set out in section 63.087 . . .

C. S. v. I. V., 899 So. 2d 444 (Fla. Dist. Ct. App. 2005)

. . . See § 63.087(4)(b), Fla. Stat. (2003) (emphasis added). . . . .

AMENDMENTS TO FLORIDA SUPREME COURT APPROVED FAMILY LAW FORMS- STEPPARENT ADOPTION FORMS, 870 So. 2d 791 (Fla. 2004)

. . . amended numerous statutes related to adoption, in-eluding sections 63.022, 63.062, 63.082, 63.085, 63.087 . . . Florida, eliminates this procedure for stepparent, relative, and adult adoptions by amending section 63.087 . . .

G. P. C. M. C. H. L. H. v. STATE, 842 So. 2d 1059 (Fla. Dist. Ct. App. 2003)

. . . We reverse a declaratory judgment in which the trial court found that sections 63.087-088(5), Florida . . . Appellants moved for declaratory relief, challenging sections 63.087 and 63.088(5) as violative of their . . . Section 63.087(6)(f) provides, in relevant part: (f) The petition must include: 1. . . . The notice, in addition to all information required in the petition under s. 63.087(6) and chapter 49 . . . The concern as to sections 63.087 and 63.088(5) is that the offending provisions substantially interfere . . .

AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE, 833 So. 2d 682 (Fla. 2002)

. . . (amending §§ 63.062, 63.087, 63.088, 63.097, and 63.212, Fla. Stat. (2000)). . . .

AMENDMENTS TO THE FLORIDA FAMILY LAW RULES OF PROCEDURE, 824 So. 2d 95 (Fla. 2002)

. . . (amending §§ 63.062, 63.087, 63.088, 63.097, and 63.212, Fla. Stat. (2001)). . . .