63.122
Notice of hearing on petition.
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
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.
Notes of Decisions
Cited in 21
cases, 1976–2000 · leading case: Matter of Adoption of Doe
Matter of Adoption of Doe (1989)
“On the issue of notice, section 63.122(4)(c) requires that notice be given to any person whose consent to the adoption is required unless that person has consented to the adoption.”
Berhow v. Crow (1982)
“Second, the statutory requirement of notice has not been followed, because the Crows, having been required to seek the Berhows' consent to the petition to adopt Dawn, were required to give the Berhows notice of the petition to adopt.”
J.D.S. v. Franks (1995)
“” F.S.A. § 63.122(4)(c). Arizona’s statute regarding obtaining consent from the father is similar.”
Rushing v. Bosse (1995)
“Stat. (1991). Upon entry of the preliminary order, the intermediary ceases to be the child's guardian, the adoptive parents are the child's guardian, and the intermediary assumes a supervisory role.”
Solomon v. McLucas (1980)
“We recognize that such a study is mandated or authorized by § 63.122(5) (to be filed within 90 days) but that study is pertinent only to the determination whether, assuming all necessary consents have been obtained, the adoption is in the best interests of the person to be…”
Ramey v. Thomas (1980)
“Section 63.122(4), Florida Statute (1977), requires notice of adoption be given only to: 4.”
Mooney v. Mooney (1981)
“Section 63.122(4), Florida Statutes (1979), requires notice of or consent to the adoption by the natural parents but, upon their death, notice or consent is not required of the next of kin.”
S.J. ex rel. M.W. v. W.L. (2000)
“See § 63.122(4), Fla. Stat. (1999) (notice of hearing on adoption shall be given to DCFS or licensed child-placing agency, an intermediary, a person whose consent to the adoption is required unless excused by court, and any person withdrawing consent).”
Department of Health & Rehabilitative Services v. Lasky Baby (1982)
“*1149 Pursuant to Section 63.122, Florida Statutes, HRS is charged with the duty of conducting an investigation to ascertain whether the adoptive home is a suitable home for, and the proposed adoption is in the best interests of the minor.”
Doe v. Roe (1989)
“On the issue of notice, section 63.122(4)(c) requires that notice be given to any person whose consent to the adoption is required unless that person has consented to the adoption.”
Appearance of a Certain Child v. Botos (1981)
“The third issue is whether the acknowledgement of paternity by the father and the filing of an objection to the adoption within ninety days provided by Section 63.122 F.S. requires his consent be obtained.”
Andy v.Lessem (1988)
“See §§ 63.122 and 63.162, Fla.Stat. (1987). Our affirmance, however, is without prejudice to the appellant’s ability to initiate an independent action.”
— 63.122(1) — 3 cases
Rushing v. Bosse (1995)
“Stat. (1991). Upon entry of the preliminary order, the intermediary ceases to be the child's guardian, the adoptive parents are the child's guardian, and the intermediary assumes a supervisory role.”
Matter of Adoption of Kmc (1992)
— 63.122(2) — 2 cases
Canaday v. Gresham (1978)
— 63.122(4) — 4 cases
Ramey v. Thomas (1980)
“Section 63.122(4), Florida Statute (1977), requires notice of adoption be given only to: 4.”
Mooney v. Mooney (1981)
“Section 63.122(4), Florida Statutes (1979), requires notice of or consent to the adoption by the natural parents but, upon their death, notice or consent is not required of the next of kin.”
S.J. ex rel. M.W. v. W.L. (2000)
“See § 63.122(4), Fla. Stat. (1999) (notice of hearing on adoption shall be given to DCFS or licensed child-placing agency, an intermediary, a person whose consent to the adoption is required unless excused by court, and any person withdrawing consent).”
SJ Ex Rel. MW v. WL (2000)
— 63.122(4)(c) — 4 cases
Berhow v. Crow (1982)
“Second, the statutory requirement of notice has not been followed, because the Crows, having been required to seek the Berhows' consent to the petition to adopt Dawn, were required to give the Berhows notice of the petition to adopt.”
Matter of Adoption of Doe (1989)
“On the issue of notice, section 63.122(4)(c) requires that notice be given to any person whose consent to the adoption is required unless that person has consented to the adoption.”
J.D.S. v. Franks (1995)
“” F.S.A. § 63.122(4)(c). Arizona’s statute regarding obtaining consent from the father is similar.”
Doe v. Roe (1989)
“On the issue of notice, section 63.122(4)(c) requires that notice be given to any person whose consent to the adoption is required unless that person has consented to the adoption.”
— 63.122(4)(d) — 2 cases
Matter of Adoption of Doe (1989)
“On the issue of notice, section 63.122(4)(c) requires that notice be given to any person whose consent to the adoption is required unless that person has consented to the adoption.”
Doe v. Roe (1989)
“On the issue of notice, section 63.122(4)(c) requires that notice be given to any person whose consent to the adoption is required unless that person has consented to the adoption.”
— 63.122(5) — 2 cases
Solomon v. McLucas (1980)
“We recognize that such a study is mandated or authorized by § 63.122(5) (to be filed within 90 days) but that study is pertinent only to the determination whether, assuming all necessary consents have been obtained, the adoption is in the best interests of the person to be…”
Chartier v. Doe (1985)
— 63.122(7) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.