Florida Statute 63.122 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 63
ADOPTION

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F.S. 63.122

63.122 Notice of hearing on petition.—

(1) The hearing on the petition to adopt a minor may not be held sooner than 30 days after the date the judgment terminating parental rights was entered or sooner than 90 days after the date the minor was placed in the physical custody of the petitioner, unless good cause is shown for a shortening of these time periods. The minor must remain under the supervision of the adoption entity until the adoption becomes final. When the adoptee is an adult, the hearing may be held immediately after the filing of the petition. If the petitioner is a stepparent or a relative of the adoptee, the hearing may be held immediately after the filing of the petition if all persons whose consent is required have executed a valid consent and the consent has been filed with the court.

(2) Notice of hearing must be given as prescribed by the Florida Family Law Rules of Procedure, and service of process must be made as specified by law for civil actions.

(3) Upon a showing by the petitioner or parent that the privacy, safety, or welfare of the petitioner, parent, or minor may be endangered, the court may order that the names of the petitioner, parent, minor, or all be deleted from the notice of hearing and from the copy of the petition attached thereto if the substantive rights of any person are not affected.

(4) Notice of the hearing must be given by the petitioner to the adoption entity that places the minor.

(5) After filing the petition to adopt an adult, the court may order an appropriate investigation to assist in determining whether the adoption is in the best interest of the persons involved and is in accordance with state law.

History.—s. 12, ch. 73-159; s. 9, ch. 75-226; s. 20. ch. 77-147; s. 13, ch. 92-96; s. 23, ch. 2001-3; s. 24, ch. 2003-58; s. 17, ch. 2008-151; s. 3, ch. 2023-257.

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Amendments to 63.122

Arrestable Offenses / Crimes under Fla. Stat. 63.122

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 63.122.

Annotations, Discussions, Cases:

Cases Citing Statute 63.122

Total Results: 20

By v. Department of Children and Families

Court: Fla. | Date Filed: 2004-11-10T00:00:00-08:00

Citation: 887 So. 2d 1253

Snippet: paramount consideration); see also, §§ 63.022(2)(l), 63.122(5), 63.142(4), Fla. Stat. (2002). This duty exists

Amendments to Florida Supreme Court Approved FamiLy Law Forms—Stepparent Adoption Forms

Court: Fla. | Date Filed: 2004-03-25T00:00:00-08:00

Citation: 870 So. 2d 791

Snippet: 63.062, 63.082, 63.085, 63.087- 089, 63.102, 63.112, 63.122, 63.132, 63.142, and 63.182, Florida Statutes (

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

Court: Fla. Dist. Ct. App. | Date Filed: 2000-03-29T00:00:00-08:00

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

Snippet: being entitled to notice of the adoption. See § 63.122(4), Fla. Stat. (1999) (notice of hearing on adoption

SJ Ex Rel. MW v. WL

Court: Fla. Dist. Ct. App. | Date Filed: 2000-03-28T23:53:00-08:00

Citation: 755 So. 2d 753

Snippet: being entitled to notice of the adoption. See § 63.122(4), Fla. Stat. (1999) (notice of hearing on adoption

Ago

Court: Fla. Att'y Gen. | Date Filed: 1998-11-12T23:53:00-08:00

Snippet: of a judgment of adoption. Pursuant to section 63.122(1), Florida Statutes, a hearing on a petition to… adoption placement under sections63.092(2) and 63.122, Florida Statutes, are confidential adoption records…protective statutes such as sections 63.022 and 63.122, Florida Statutes. It may be advisable to seek

Henriquez v. Adoption Centre, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1997-02-13T00:00:00-08:00

Citation: 690 So. 2d 613, 1997 Fla. App. LEXIS 1004, 1997 WL 63674

Snippet: were thus denied an opportunity to be heard. See § 63.122(2), Fla. Stat. (1995); Fla. R. Civ. P. 1.080; see

Rushing v. Bosse

Court: Fla. Dist. Ct. App. | Date Filed: 1995-03-07T23:53:00-08:00

Citation: 652 So. 2d 869

Snippet: intermediary assumes a supervisory role. See §§ 63.122(1), 63.052(1), Fla. Stat. (1991). [2] The phrase

Matter of Adoption of Kmc

Court: Fla. Dist. Ct. App. | Date Filed: 1992-10-27T23:53:00-08:00

Citation: 606 So. 2d 1262

Snippet: intermediary assumes a supervisory role. See §§ 63.122(1), 63.052(1), Fla. Stat. A final home investigation… the adoptive *1264 parents' custody. See § 63.122, Fla. Stat. Some two weeks after entry of the preliminary…her supervisory role as contemplated by section 63.122(1), Florida Statutes and infringed upon the adoptive

Andy v. Lessem

Court: Fla. Dist. Ct. App. | Date Filed: 1992-02-25T00:00:00-08:00

Citation: 595 So. 2d 197

Snippet: 359 So.2d 65 (Fla. 1st DCA 1978); §§ 63.062(1), 63.122(4)(c), Fla.Stat. (1979). Nonetheless, we are convinced

Matter of Adoption of Doe

Court: Fla. | Date Filed: 1989-04-13T00:53:00-07:00

Citation: 543 So. 2d 741

Snippet: fraud or duress. On the issue of notice, section 63.122(4)(c) requires that notice be given to any person…have consented. We note, first, that under section 63.122(4)(d) any person who is seeking to withdraw consent

Doe v. Roe

Court: Fla. | Date Filed: 1989-04-13T00:00:00-07:00

Citation: 543 So. 2d 741, 14 Fla. L. Weekly 201, 1989 Fla. LEXIS 327

Andy v.Lessem

Court: Fla. Dist. Ct. App. | Date Filed: 1988-12-21T00:00:00-08:00

Citation: 536 So. 2d 343

Snippet: any aspect or the outcome of that matter. See §§ 63.122 and 63.162, Fla.Stat. (1987). Our affirmance, however

Hamilton v. Beard

Court: Fla. Dist. Ct. App. | Date Filed: 1986-06-20T00:53:00-07:00

Citation: 490 So. 2d 1297

Snippet: necessary, which he gave in writing. §§ 63.062(1) and 63.122(4)(c), Fla. Stat. (1983). Thus, the maternal grandparents

Ago

Court: Fla. Att'y Gen. | Date Filed: 1983-09-06T00:53:00-07:00

Snippet: described therein in the circuit court. And see, s 63.122, F.S., regarding the notice of hearing on the petition

State Department of Health & Rehabilitative Services v. Castagnino

Court: Fla. Dist. Ct. App. | Date Filed: 1983-04-08T00:00:00-08:00

Citation: 429 So. 2d 102

Snippet: determine the suitability of the adoptive home. § 63.122, Fla.Stat. (1981). Additionally, the prospective

Department of Health & Rehabilitative Services v. J.W.A.

Court: Fla. Dist. Ct. App. | Date Filed: 1982-10-19T00:00:00-07:00

Citation: 421 So. 2d 25

Snippet: the care of the adoptive parents. Though section 63.122(1) would appear to require that supervision, the

Berhow v. Crow

Court: Fla. Dist. Ct. App. | Date Filed: 1982-10-12T00:53:00-07:00

Citation: 423 So. 2d 371

Snippet: the Berhows notice of the petition to adopt. § 63.122(4)(c), Fla. Stat. Third, in view of the Berhows

Department of Health & Rehabilitative Services v. Lasky Baby

Court: Fla. Dist. Ct. App. | Date Filed: 1982-04-07T00:00:00-08:00

Citation: 416 So. 2d 1148, 1982 Fla. App. LEXIS 19748

Snippet: Clarification is denied. *1149Pursuant to Section 63.122, Florida Statutes, HRS is charged with the duty…make a written report to the Department. Sections 63.122(5) & (8), Florida Statutes, are, in pertinent

Mooney v. Mooney

Court: Fla. Dist. Ct. App. | Date Filed: 1981-03-25T00:00:00-08:00

Citation: 395 So. 2d 608, 1981 Fla. App. LEXIS 19029

Snippet: approved persons were willing to adopt him. Section 63.122(4), Florida Statutes (1979), requires notice of

Florida Department of Health & Rehabilitative Services v. Kimmick

Court: Fla. Dist. Ct. App. | Date Filed: 1980-11-26T00:00:00-08:00

Citation: 390 So. 2d 1218

Snippet: proceedings. See Fla.Stat. (1979) §§ 63.-112(2)(b) and 63.122(6). Furthermore, the issue of whether or not to