Florida/Georgia Personal Injury & Workers Compensation

...g concerning the child in this or any other state about which he obtained information during this proceeding. [3] The actual court order in this case is captioned "Final Order of Adoption." The statute, however, uses the term "judgment of adoption." § 63.142, Fla....

...appellant's consent. Before reviewing the evidence pertinent to that inquiry, we find it necessary to discuss those factors which are not relevant in determining whether a nonconsenting parent's rights should be terminated in an adoption proceeding. Section 63.142 permits the entry of a judgment of adoption when the trial judge determines that all necessary consents have been obtained and that the adoption is in the best interests of the person to be adopted....

Senate amendment is now codified as Fla. Stat. § 63.142(3)(b) (2003). . Tape recording of the Florida

...We further note, the ultimate determination concerning adoptive placements rests with the trial court, which shall only enter a decree of adoption upon finding a particular adoptive placement is in the "best interest" of the child to be adopted. See § 63.142(4), Fla....

...to the non-relatives. On remand, we direct the trial court to determine if adoption of the minor children B.T. and M.W. is in the children's best interests, and upon such a finding, and such finding only, the court may enter a judgment of adoption. § 63.142(4), Fla....

...information which may be relevant to the suitability of the intended adoptive home. Id. § 63.125(5). If the trial judge concludes that the adoption is in the best interest of the person to be adopted, the Court enters the judgment of adoption. Id. § 63.142(4)....

...section 63.022(1): It is the intent of the legislature to protect and promote the well-being of persons being adopted and their natural and adoptive parents and to provide to all children who can benefit by it a permanent family life. At that time, section 63.142(4) guided the trial court: "At the conclusion of the hearing, when the court determines that all necessary consents have been obtained and that the adoption is in the best interest of the person to be adopted, a judgment of adoption sh...

...However, neither the child nor the appellant can successfully seek a decree of adoption posthumously. That is what appellant prayed for below and the trial judge correctly denied the relief sought although he failed to state with specificity the grounds for dismissal as required by Section 63.142(3)(b), Florida Statutes (1981)....

...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. Stat. (2013). Section 63.142(4), Florida Statutes (2013), concerning the procedures for determining whether a child should be adopted following a termination of parental rights, provides, in pertinent part: (4) Judgment....

...and no appeal, pursuant to the Florida Rules of Appellate Procedure, is pending and that the adoption is in the best interest of the person to be adopted, a judgment of adoption shall be entered. (Emphasis added). The trial court should have applied section 63.142(4) to consider Child’s best interests with respect to the adoption, without utilizing section 63.082(6), which was inapplicable to this proceeding....

...[3] The grandparent's priority afforded by section 63.0425, Florida Statutes (1987), of course cannot be superior to a contrary finding in the best interests of the child. Section 63.0425(4) Florida Statutes (1987) provides: "(4) Nothing in this section shall contravene the provisions of s. 63.142(4)." Section 63.142(4) Florida Statutes (1987) states: "(4) At the conclusion of the hearing, when the court determines that all necessary consents have been obtained and that the adoption is in the best interest of the person to be adopted, a judgment of...

...terminating that parent's parental rights has passed and no appeal, pursuant to the Florida Rules of Appellate Procedure, is pending and that the adoption is in the best interest of the person to be adopted, a judgment of adoption shall be entered. § 63.142(4), Fla....

...[4] Despite the fact that no finding had been made that appellant was the child's father at the time of the entry of the termination of rights order, the trial court was not precluded from making a finding to such effect following the hearing on appellant's motions. Section 63.142(4), Florida Statutes (2005), provides that a judgment of termination on which the later judgment of adoption is based is voidable, not void, if it is found by the court in considering a motion for relief from judgment that the judgment did not comply with the requirements of chapter 63....

...The court granted both motions and ordered the clerk not to disclose any records to petitioner. The adoptive parents then filed this appeal. This case presents a Catch-22. M.D.M. claims that fraud was committed in the termination of his parental rights and seeks relief from judgment, allowed pursuant to section 63.142(4), Florida Statutes, which must be done within one year from judgment....

been cured by the amendment of the petition. Section 63.142(3)(a) and (4), Florida Statutes, requires the

...erminating that parent’s parental rights has passed and no appeal, pursuant to the Florida Rules of Appellate Procedure, is pending and that the adoption is in the best interest of the person to be adopted, a judgment of adoption shall be entered. § 63.142(4), Fla....

Judgments, § 35; 26 C.J.S. Declaratory Judgments, § 63; 142 A.L.R. 69. Therefore, the declaratory decree here

order of dismissal does not, as required by Section 63.-142, Florida Statutes (1979), “state with specificity

...We wish you would go back into the closet.”36 On June 8, 1977, exactly one day after Dade County voters repealed the 33 Tape recording of the Florida Senate proceedings, May 31, 1977 (copy of original in the Florida State Archives). This Senate amendment is now codified as Fla. Stat. § 63.142(3)(b) (2003). 34 Tape recording of the Florida Senate Judiciary Civil Committee proceedings, May 3, 1977. 35 Tape recording of the Florida Senate proceedings, May 11, 1977 (copy of original in the Florida State Archives). 36 “Gay Bills Pass Both Chambers,” Florida Times Union, June 1, 1977....

basis of newly discovered evidence. She points to § 63.142, Florida Statutes (1975), the statute govern*575ing

...the mother, and the natural father to “maintain the status quo until further order of this court.” A trial court in an adoption proceeding is required to determine the person who is to have custody of the child if the petition is dismissed. See § 63.142(3)(a), Fla....

...r “close.” That was not the situation in this case. AFFIRMED. DAUKSCH, J., concurs and concurs specially with opinion. HARRIS, J., dissents with opinion. . See Davis v. Dixon, 545 So.2d 318 (Fla. 3d DCA), rev. denied, 551 So.2d 460 (Fla.1989). . § 63.142(4), Fla.Stat....