CopyCited 134 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 455, 2007 Fla. LEXIS 1236, 2007 WL 2002660
...osed. On August 1, 2005, four days before the birth, HOA sent J.A. another letter. Neither letter advised J.A. of the statutory Registry requirement. On August 8, 2005, HOA filed a petition for termination of parental rights against J.A. Pursuant to section 63.087, Florida Statutes (2005), HOA served J.A....
...that he was "required to serve written defenses to the . . . petition," and advised him that his failure to file a written response and appear at the hearing "constitutes grounds upon which the trial court shall end any parental rights." Although both sections
63.085 and
63.087 appear to apply only to persons whose consent is required, HOA provided J.A....
...is the biological father of the child. The specific relevant facts should be developed in an evidentiary hearing on remand. [3] Although the child was born in Citrus County, which is in the Fifth Circuit, the petition alleged that venue was proper pursuant to section
63.087(2)(a)(3), Florida Statutes (2005), because "the mother executed a waiver of venue . . . and the adoption entity is located in Hillsborough County." [4] Section
63.032(12), Florida Statutes (2005), provides that "`[p]arent' has the same meaning as ascribed in s.
39.01." [5] Section
63.087(5), Florida Statutes (2005), requires that the petitioner serve the petition and summons "upon any person whose consent is required but who has not provided that consent." [6] We do not discuss in this case the requirements for termina...
CopyCited 9 times | Published | Florida 2nd District Court of Appeal | 2005 WL 2467056
...Notify Adoption Miracles, by writing a letter, that I wish to withdraw my consent; and B. Prove in court that the consent was obtained by fraud or duress. Prior to the adjudicatory hearing in the dependency proceeding, Adoption Miracles filed a petition to terminate parental rights pending adoption. See § 63.087, Fla....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2683776
...Because our decision is grounded entirely on a legal issue, we reverse without providing a lengthy recitation of the facts. [1] Heart of Adoptions, Inc. ("the Agency"), filed a petition to terminate J.C.J.'s parental rights pending adoption pursuant to section 63.087....
...parent as a "man whose consent to the adoption of the child would be required under s.
63.062(1)." By alleging in its petition that J.C.J.'s consent is not required, the agency admitted that J.C.J. is not a parent as defined by statute. Furthermore, section
63.087(5) states that in the termination proceeding, a summons must be served on "any person whose consent is required but who has not provided that consent." This language indicates that the statute does not contemplate that one such as J.C.J....
...s but was pending in another division of the circuit court in Hillsborough County at the time the trial court held the hearing on the motion for summary judgment. [3] It appears that the trial court and the Agency consider the proceeding pursuant to section 63.087-.089 to be more in the nature of a declaratory action by which the trial court may declare that there are no parties whose consent to the adoption is required....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 16035
...Notify Adoption Miracles, by writing a letter, that I wish to withdraw my consent; and B. Prove in court that the consent was obtained by fraud or duress. Prior to the adjudicatory hearing in the dependency proceeding, Adoption Miracles filed a petition to terminate parental rights pending adoption. See § 63.087, Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 2006 WL 1373243
...having played any role in the child's life up to that point in time. Meanwhile, after the judicial review hearing but before issuance of the resulting order, appellees filed, under the dependency action case number, their Petition for Family Adoption pursuant to section 63.087, Florida Statutes (2004)....
...ablishing" whether the man is the child's legal father. The validity of this *70 distinction is buttressed by the inclusion in the Florida Adoption Act of the requirements of section
63.088(4), Florida Statutes (2004): In proceedings initiated under s.
63.087, the court must conduct an inquiry of the person who is placing the minor for adoption and of any relative or person having legal custody of the minor who is present at the hearing and likely to have the following information regarding the...
CopyCited 3 times | Published | Florida 2nd District Court of Appeal | 2006 WL 2033896
...Dana Friedlander, Tampa, for Appellee Jane Doe. ALTENBERND, Judge. A.S., the putative biological father of Baby A., appeals an order terminating his parental rights, which was entered in a private adoption proceeding initiated by Gift of Life Adoptions, Inc., pursuant to section 63.087, Florida Statutes (2004)....
...Gift of Life Adoptions, Inc., or by *383 court order." Shortly thereafter, Gift of Life filed a "petition for voluntary termination of parental rights." The petition for voluntary termination of parental rights contained the information required by section 63.087(4), Florida Statutes (2004)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 2014 Fla. App. LEXIS 20849, 2014 WL 7331269
...DCF also petitioned to involuntarily terminate Father’s parental rights. With Father’s written consent, Grandmother petitioned to adopt Child and to terminate Father’s parental rights. 1 Grandmother complied with the statutory requirements under section 63.087, Florida Statutes (2013), for an adoption by a relative pending termination of parental rights....
...They argue that the trial court should have considered only Grandmother’s fitness and whether her home was suitable when making a best interests determination. Grandmother’s petition to terminate Father’s parental rights and adopt Child was filed under section 63.087(3), which provides that “[ajdoptions of relatives ... 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....” § 63.087(3), Fla....
...Since the trial court failed to find that Father’s consent either was or was not valid, dismissing the petition was error. Had the trial court determined Father’s consent was valid, it should have then determined, in the same proceeding, whether Child should be adopted by Grandmother. § 63.087(3), Fla....
...For these reasons, we affirm the judgment insofar as the court found Father’s consent to be conditional. In all other respects, we reverse and remand the matter for further proceedings. AFFIRMED in part; REVERSED in part; REMANDED. PALMER and EVANDER, JJ., concur. . See § 63.087(3), Fla....
CopyCited 2 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 576, 2009 Fla. LEXIS 1795, 2009 WL 3296237
...riage, annulment, delayed birth certificates pursuant to Florida Statutes section
382.0195, expedited affirmation of parental status pursuant to Florida Statutes section
742.16, termination of parental rights proceedings pursuant to Florida Statutes section
63.087, declaratory judgment actions related to premarital, marital, post-marital agreements, or other matters not included in the categories above....
CopyCited 2 times | Published | Supreme Court of Florida | 2008 WL 2373903
...s to this child, pursuant to chapter 63 of the Florida Statutes. The referee found that Dove did not file an affidavit from either the biological father or the purported "legal father" that would allow a termination of parental rights as required by section 63.087(6)(e), Florida Statutes (2002)....
...No corresponding petition to terminate parental rights pending adoption was found in the court file or in Dove's files. The referee found that although Dove claimed to have prepared a petition to terminate parental rights, she did not file the petition with the trial court as required by section 63.087(6), Florida Statutes (2002)....
...[3] Dove misrepresented *1005 facts known to her relating the birth father and the sufficiency of the documents presented to the trial court. The referee found that had Dove accurately represented these material facts, she would not have obtained a signed order terminating parental rights. See §§
63.087;
63.088, Fla....
...Although Baby Z actually resided in Central Florida near Orlando, Dove removed Baby Z from that venue and filed all legal proceedings in Tallahassee, Leon County, a distant location from the Grandparents and the venue in which the child resided with them. Based on section 63.087(4)(a), Florida Statutes, the proceedings would have been in Orange or Seminole County. See §§ 63.087(4)(a)1., (4)(a)4., Fla....
...handling the adoption shall notify that grandparent of the impending adoption before the petition for adoption is filed. If the grandparent petitions the court to adopt the child, the court shall give first priority for adoption to that grandparent. Section 63.087(6)(f)(8), Florida Statutes (2002), provided that a petition for termination of parental rights pending adoption must include a "certificate of compliance with the requirements of s....
...at is a violation of a duty owed as a professional with the intent to obtain a benefit for the lawyer or another, and causes serious or potentially serious injury to a client, the public, or the legal system." [8] Moreover, the venue requirements of section 63.087(4), Florida Statutes (2002), were not observed in this adoption....
...(2001), Respondent failed to obtain and file an interview, summary, or statement from the biological father; contrary to §
63.082(6), F.S. (2001), Respondent failed to obtain and file the written acknowledgement of receipts of the consent to adopt from each person who executed the Consent to Adoption; contrary to §
63.087(6)(f)(8), F.S. (2001), Respondent failed to file a certificate of compliance with grandparents notification law; contrary to §
63.087, F.S....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 11046
...From the hospital, the child was taken to the home of the prospective adoptive parents, where the child has lived ever since. On October 7, 2008, with the birth mother’s consent, Appellee filed a Petition for Termination of Parental Rights, pursuant to section 63.087(4), Florida Statutes (2008)....
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2009 WL 2424306
...From the hospital, the child was taken to the home of the prospective adoptive parents, where the child has lived ever since. On October 7, 2008, with the birth mother's consent, Appellee filed a Petition for Termination of Parental Rights, pursuant to section 63.087(4), Florida Statutes (2008)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2007 WL 597042
...The order denying motion to intervene, motion for relief from judgment and motion for rehearing should be reversed, and the cause should be remanded for further proceedings. Accordingly, I respectfully dissent. NOTES [1] The petition states in part: 3. Venue is proper in Duval County pursuant to § 63.087(4)(a)(3), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal | 2009 Fla. App. LEXIS 1095
...ition for termination of parental rights pending adoption upon the objection of a parent whose consent is required for the adoption, “unless the objecting parent has previously executed a waiver of venue.” §
63.062(9), Fla. Stat. Further, under section
63.087(2)(b), Florida Statutes, the affected parent must first object to the selected venue before a court may hold a hearing to determine the affected parent’s arguments contesting the petition to terminate parental rights....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 2016 Fla. App. LEXIS 12180, 2016 WL 4261865
...e with or support her children, the court concluded that she abandoned her children. LEGAL FRAMEWORK Chapter 63 allows a parent or person having physical custody of a child to seek termination of parental rights and subsequently adopt the-child. See § 63.087(4); see also V.C.B, v....
CopyPublished | Florida 2nd District Court of Appeal
...would be required to file a separate action in order to achieve permanent
placement of the child with a prospective adoptive parent it represents.
Because the consent remains valid, Heart of Adoptions could later file a
petition to terminate parental rights pending adoption. See §§ 63.087(4),
.089....
...the
child. Obtaining custody of the child during the pendency of the
termination of parental rights proceeding would make it more difficult for
the foster parents—who also expressed interest in adopting the child—to
petition for adoption because section 63.087(4)(b) provides that
[t]he petition [seeking to terminate parental rights pending
adoption] may be filed by a parent or person having physical
custody of the minor....
CopyPublished | Florida 2nd District Court of Appeal | 2006 Fla. App. LEXIS 15505
...Because our decision is grounded entirely on a legal issue, we reverse without providing a lengthy recitation of the facts. 1 Heart of Adoptions, Inc. (“the Agency”), filed a petition to terminate J.C.J.’s parental rights pending adoption pursuant to section 63.087....
...as a “man whose consent to the adoption of the child would be required under s.
63.062(1).” By alleging in its petition that J.C.J.’s consent is not required, the agency admitted that J.C.J. is not a parent as defined by statute. Furthermore, section
63.087(5) states that in the termination proceeding, a summons must be served on “any person whose consent is required but who has not provided that consent.” This language indicates that the statute does not contemplate that one such as J.C.J....
...ngs but was pending in another division of the circuit court in Hillsborough County at the time the trial court held the hearing on the motion for summary judgment. . It appears that the trial court and the Agency consider the proceeding pursuant to section 63.087-.089 to be more in the nature of a declaratory action by which the trial court may declare that there are no parties whose consent to the adoption is required....
CopyPublished | Florida 4th District Court of Appeal
...venue to Hernando County, Florida. The court determined “there is no
adoption entity” and, as a result, found venue to be improper in Palm
Beach County, Florida. But there is an adoption entity and venue is proper
“[i]n the county where the adoption entity is located.” § 63.087(2)(a)2., Fla.
Stat....
CopyPublished | Supreme Court of Florida
...delayed birth certificates pursuant to Florida Statutes section
382.0195, expedited
affirmation of parental status pursuant to Florida Statutes section
742.16, termination
of parental rights proceedings pursuant to Florida Statutes section
63.087, declaratory
judgment actions related to premarital, marital, post-marital agreements, or other
matters not included in the categories above.
(M) Adoption Arising Out Of Chapter 63 ‐ all matters relating to adopti...
CopyPublished | Supreme Court of Florida
...delayed birth certificates pursuant to Florida Statutes section
382.0195, expedited
affirmation of parental status pursuant to Florida Statutes section
742.16, termination
of parental rights proceedings pursuant to Florida Statutes section
63.087, declaratory
judgment actions related to premarital, marital, post-marital agreements, or other
matters not included in the categories above.
(M) Adoption Arising Out Of Chapter 63 ‐ all matters relating to adopti...
CopyPublished | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 837, 2013 WL 6014354, 2013 Fla. LEXIS 2475
...riage, annulment, delayed birth certificates pursuant to Florida Statutes section
382.0195, expedited affirmation of parental status pursuant to Florida Statutes section
742.16, termination of parental rights proceedings pursuant to Florida Statutes section
63.087, declaratory judgment actions related to premarital, marital, post-marital agreements, or other matters not included in the categories above....
CopyPublished | Supreme Court of Florida
...delayed birth certificates pursuant to Florida Statutes section
382.0195, expedited
affirmation of parental status pursuant to Florida Statutes section
742.16, termination
of parental rights proceedings pursuant to Florida Statutes section
63.087, declaratory
judgment actions related to premarital, marital, post-marital agreements, or other
matters not included in the categories above.
(M) Adoption Arising Out Of Chapter 63 ‐ all matters relating to adopti...
CopyPublished | Florida 2nd District Court of Appeal | 2005 Fla. App. LEXIS 8061, 2005 WL 1249208
...to: (a) The mother of the minor, (b) The father of the minor, if: 1. The minor was conceived or born while the father was married to the mother....” Section
63.062’s requirements are incorporated into the general provisions governing the proceeding to terminate parental rights pending adoption set out in section
63.087....
CopyPublished | Florida 1st District Court of Appeal | 2006 Fla. App. LEXIS 8011
their Petition for Family Adoption pursuant to section
63.087, Florida Statutes (2004). The petition specifically
CopyPublished | Supreme Court of Florida | 2004 WL 583720
PER CURIAM. The 2003 Florida Legislature amended numerous statutes related to adoption, in- *792 eluding sections
63.022,
63.062,
63.082,
63.085,
63.087- 089,
63.102,
63.112,
63.122,
63.132,
63.142, and
63.182, Florida Statutes (2002)....
...rights, wait for a specified period of time, and then file a petition for adoption. See ch.2001-3, § 16 at 30-31, Laws of Florida. Chapter 2003-58, Laws of Florida, eliminates this procedure for stepparent, relative, and adult adoptions by amending section 63.087(5), Florida Statutes (2002), to provide that those seeking “[a]doptions of relatives, adult adoptions, or adoptions of stepchildren shall not be required to file a separate termination of parental rights proceeding pending adoption.” Ch.2003-58, § 17 at 494, Laws of Fla....
CopyPublished | Supreme Court of Florida
...delayed birth certificates pursuant to Florida Statutes section
382.0195, expedited
affirmation of parental status pursuant to Florida Statutes section
742.16, termination
of parental rights proceedings pursuant to Florida Statutes section
63.087, declaratory
judgment actions related to premarital, marital, post-marital agreements, or other
matters not included in the categories above.
(N) Adoption Arising Out Of Chapter 63 ‐ all matters relating to adopti...
CopyPublished | Supreme Court of Florida
...delayed birth certificates pursuant to Florida Statutes section
382.0195, expedited
affirmation of parental status pursuant to Florida Statutes section
742.16, termination
of parental rights proceedings pursuant to Florida Statutes section
63.087, declaratory
judgment actions related to premarital, marital, post-marital agreements, or other
matters not included in the categories above.
(N) Adoption Arising Out Of Chapter 63 ‐ all matters relating to adopti...
CopyPublished | Florida 5th District Court of Appeal | 2012 WL 3044277, 2012 Fla. App. LEXIS 12219
...The lower court’s creation of what it called a “private dependency” proceeding was error. AFFIRMED in part, REVERSED in part. TORPY, LAWSON and COHEN, JJ., concur. . The Florida Adoption Act, chapter 63, Florida Statutes, involves private adoptions. Pursuant to section 63.087(4), a petition to terminate parental rights pending adoption may be initiated by an adoption entity if certain conditions are met....
CopyPublished | District Court of Appeal of Florida
Chapter 39 are exempt from the jurisdiction of section
63.087, as that section dealt with the termination
CopyPublished | Supreme Court of Florida
...delayed birth certificates pursuant to Florida Statutes section
382.0195, expedited
affirmation of parental status pursuant to Florida Statutes section
742.16, termination
of parental rights proceedings pursuant to Florida Statutes section
63.087, declaratory
judgment actions related to premarital, marital, post-marital agreements, or other
matters not included in the categories above.
(O) Adoption Arising Out Of Chapter 63 ‐ all matters relating to adopti...
CopyPublished | Florida 1st District Court of Appeal | 2009 WL 331013
...petition for termination of parental rights pending adoption upon the objection of a parent whose consent is required for the adoption, "unless the objecting parent has previously executed a waiver of venue." §
63.062(9), Fla. Stat. Further, under section
63.087(2)(b), Florida Statutes, the affected parent must first object to the selected venue before a court may hold a hearing to determine the affected parent's arguments contesting the petition to terminate parental rights....
CopyPublished | Florida 4th District Court of Appeal | 2014 Fla. App. LEXIS 13445, 2014 WL 4209216
...the child.” Although not
explicitly stated, we are satisfied the trial court was inclined to grant the petition,
but concluded the law would not support termination.
2
adopt a child in the same petition. § 63.087(3), Fla....
CopyPublished | Florida 2nd District Court of Appeal
...support her children, the court concluded that she abandoned her children.
LEGAL FRAMEWORK
Chapter 63 allows a parent or person having physical custody of a child to
seek termination of parental rights and subsequently adopt the child. See § 63.087(4);
see also V.C.B....
CopyPublished | Florida 4th District Court of Appeal | 2005 Fla. App. LEXIS 4662, 2005 WL 767055
...s affecting one family. See In re Report of Family Ct. Steering Comm.,
794 So.2d 518 (Fla.2001). AFFIRMED. KLEIN and GROSS, JJ., concur. . "The [adoption] petition may be filed by a parent or person having physical custody of the minor child.” See §
63.087(4)(b), Fla....
CopyPublished | Florida 4th District Court of Appeal | 2003 WL 1917260
...Graham, Jr., James Andrew Kent, Michael A. Cheah, and Kathrine M. Mortensen, New York, New York, for amicus curiae-American Civil Liberties Union & ACLU of Florida. STONE, J. We reverse a declaratory judgment in which the trial court found that sections 63.087-088(5), Florida Statutes, relating to private adoptions under the Florida Adoption Act, were not unconstitutional....
...le a petition to terminate their parental rights. Because, in each case, the identity of the fathers is unknown, constructive notice is required under the challenged statutory provisions. Appellants moved for declaratory relief, challenging sections
63.087 and
63.088(5) as violative of their right to privacy guaranteed under the Fourteenth Amendment of the United States Constitution and Article I, § 23 of the Florida Constitution....
...The court did find that the statutes were unconstitutional as to the women whose pregnancy was a result of sexual battery. Under the challenged statutes, Appellants would be forced to publish information relating to their sexual relations that may have led to the child's conception. Section 63.087(6)(f) provides, in relevant part: (f) The petition must include: 1....
...der s.
63.062 is attached to the petition, the name and the city of residence, including the county and state in which that city is located, of: a. The minor's mother; *1062 b. Any man who the mother reasonably believes may be the minor's father.... §
63.087(6)(f)1-3, Fla....
...h under subsection (4) fails to locate the person. The unlocated or unidentified person must be served notice under subsection (2) by constructive service in the manner provided in chapter 49 in each county identified in the petition, as provided in s. 63.087(6). The notice, in addition to all information required in the petition under s. 63.087(6) and chapter 49, must contain a physical description, including, but not limited to, age, race, hair and eye color, and approximate height and weight of the minor's mother and of any person the mother reasonably believes may be the father...
...In deciding whether this constitutional right is impacted, the courts consider both the individual's subjective expectation and the values of privacy that our society seeks to foster. Jackson v. State,
833 So.2d 243 (Fla. 4th DCA 2002). The concern as to sections
63.087 and
63.088(5) is that the offending provisions substantially interfere with both a woman's independence in choosing adoption as an alternative and with the right not to disclose the intimate personal information that is required when the father is unknown....
CopyPublished | Florida 4th District Court of Appeal | 2003 Fla. App. LEXIS 5743
STONE, J. We reverse a declaratory judgment in which the trial court found that sections 63.087-088(5), Florida Statutes, relating to private adoptions under the Florida Adoption Act, were not unconstitutional....
...le a petition to terminate their parental rights. Because, in each case, the identity of the fathers is unknown, constructive notice is required under the challenged statutory provisions. Appellants moved for declaratory relief, challenging sections
63.087 and
63.088(5) as violative of their right to privacy guaranteed under the Fourteenth Amendment of the United States Constitution and Article I, § 23 of the Florida Constitution....
...The court did find that the statutes were unconstitutional as to the women whose pregnancy was a result of sexual battery. Under the challenged statutes, Appellants would be forced to publish information relating to their sexual relations that may have led to the child’s conception. Section 63.087(6)(f) provides, in relevant part: (f) The petition must include: 1....
...h under subsection (4) fails to locate the person. The unlocated or unidentified person must be served notice under subsection (2) by constructive service in the manner provided in chapter 49 in each county identified in the petition, as provided in s. 63.087(6). The notice, in addition to all information required in the petition under s. 63.087(6) and chapter 49, must contain a physical description, including, but not limited to, age, race, hair and eye color, and approximate height and weight of the minor’s mother and of any person the mother reasonably believes may be the fath...
...In deciding whether this constitutional right is impacted, the courts consider both the individual’s subjective expectation and the values of privacy that our society seeks to foster. Jackson v. State,
833 So.2d 243 (Fla. 4th DCA 2002). The concern as to sections
63.087 and
63.088(5) is that the offending provisions substantially interfere with both a woman’s independence in choosing adoption as an alternative and with the right not to disclose the intimate personal information that is required when the father is unknown....
CopyPublished | Florida 4th District Court of Appeal | 2013 WL 1438253, 2013 Fla. App. LEXIS 5714
...ents. As he says in his petition, “Due process requires at a minimum that he be allowed to review the documents being used against him to terminate his parental rights.” The petition for termination of the father’s rights was filed pursuant to section 63.087, Florida Statutes. That section requires an answer and appearance in accordance with the Florida Rules of Family Procedure. § 63.087(6), Fla. Stat. Further, the respondent must be given an opportunity to admit or deny the allegations of the petition. § 63.087(6)(b), Fla....
