Florida Statute 63.142 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 63
ADOPTION

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F.S. 63.142

63.142 Hearing; judgment of adoption.—

(1) APPEARANCE.—The petitioner and the person to be adopted shall appear either in person or, with the permission of the court, telephonically before a person authorized to administer an oath at the hearing on the petition for adoption, unless:

(a) The person is a minor under 12 years of age; or

(b) The appearance of either is excused by the court for good cause.

(2) CONTINUANCE.—The court may continue the hearing from time to time to permit further observation, investigation, or consideration of any facts or circumstances affecting the granting of the petition.

(3) DISMISSAL.—

(a) If the petition is dismissed, further proceedings, if any, regarding the minor must be brought in a separate custody action under chapter 61, a dependency action under chapter 39, or a paternity action under chapter 742.

(b) If the petition is dismissed, the court shall state with specificity the reasons for the dismissal.

(4) JUDGMENT.—At the conclusion of the hearing, after the court determines that the date for a parent to file an appeal of a valid judgment 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. A judgment terminating parental rights pending adoption is voidable and any later judgment of adoption of that minor is voidable if, upon a parent’s motion for relief from judgment, the court finds that the adoption substantially fails to meet the requirements of this chapter. The motion must be filed within a reasonable time, but not later than 1 year after the date the judgment terminating parental rights was entered.

History.—s. 14, ch. 73-159; s. 3, ch. 77-140; s. 26, ch. 2001-3; s. 28, ch. 2003-58; s. 20, ch. 2008-151.

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Amendments to 63.142

Annotations, Discussions, Cases:

Cases Citing Statute 63.142

Total Results: 19

In Re Adoption of a Minor Child

593 So. 2d 185, 16 Fla. L. Weekly Supp. 771, 1991 Fla. LEXIS 2126, 1991 WL 259752

Supreme Court of Florida | Filed: Dec 12, 1991 | Docket: 1508912

Cited 18 times | Published

however, uses the term "judgment of adoption." § 63.142, Fla. Stat. (1987). We will use the latter term

Solomon v. McLucas

382 So. 2d 339

District Court of Appeal of Florida | Filed: Mar 5, 1980 | Docket: 1255011

Cited 16 times | Published

should be terminated in an adoption proceeding. Section 63.142 permits the entry of a judgment of adoption

Lofton v. Secretary of the Department of Children & Family Services

377 F.3d 1275

Court of Appeals for the Eleventh Circuit | Filed: Jan 28, 2004 | Docket: 397885

Cited 7 times | Published

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

LR v. Department of Children & Families

822 So. 2d 527, 2002 Fla. App. LEXIS 10078, 2002 WL 1614058

District Court of Appeal of Florida | Filed: Jul 17, 2002 | Docket: 1757188

Cited 6 times | Published

"best interest" of the child to be adopted. See § 63.142(4), Fla. Stat. (2001). Still, we are mindful there

In re Adoption of K.A.G.

152 So. 3d 1271, 2014 Fla. App. LEXIS 20849, 2014 WL 7331269

District Court of Appeal of Florida | Filed: Dec 24, 2014 | Docket: 60244726

Cited 3 times | Published

Grandmother. § 63.087(3), Fla. Stat. (2013). Section 63.142(4), Florida Statutes (2013), concerning the

Florida Department of Children & Families v. Adoption of X.X.G.

45 So. 3d 79, 2010 Fla. App. LEXIS 14014, 61 A.L.R. 6th 621

District Court of Appeal of Florida | Filed: Sep 22, 2010 | Docket: 1927936

Cited 3 times | Published

by it a permanent family life. At that time, section 63.142(4) guided the trial court: “At the conclusion

In Re Adoption of RAB

426 So. 2d 1203, 1983 Fla. App. LEXIS 19031

District Court of Appeal of Florida | Filed: Feb 9, 1983 | Docket: 2463000

Cited 3 times | Published

specificity the grounds for dismissal as required by Section 63.142(3)(b), Florida Statutes (1981). The latter

Davis v. Dixon

545 So. 2d 318, 1989 WL 47174

District Court of Appeal of Florida | Filed: May 9, 1989 | Docket: 1344819

Cited 2 times | Published

contravene the provisions of s. 63.142(4)." Section 63.142(4) Florida Statutes (1987) states: "(4) At

Gs v. Tb

969 So. 2d 1049, 2007 WL 2608520

District Court of Appeal of Florida | Filed: Nov 20, 2007 | Docket: 1403819

Cited 1 times | Published

adopted, a judgment of adoption shall be entered. § 63.142(4), Fla. Stat., (2006). We conclude from these

SDT v. Bundle of Hope Ministries, Inc.

949 So. 2d 1132, 2007 WL 597042

District Court of Appeal of Florida | Filed: Feb 28, 2007 | Docket: 1375295

Cited 1 times | Published

following the hearing on appellant's motions. Section 63.142(4), Florida Statutes (2005), provides that

A.D. v. M.D.M.

920 So. 2d 857, 2006 Fla. App. LEXIS 2279, 2006 WL 401316

District Court of Appeal of Florida | Filed: Feb 22, 2006 | Docket: 64842389

Cited 1 times | Published

seeks relief from judgment, allowed pursuant to section 63.142(4), Florida Statutes, which must be done within

G.S. v. T.B.

969 So. 2d 1049, 2007 Fla. App. LEXIS 14239

District Court of Appeal of Florida | Filed: Sep 12, 2007 | Docket: 64853264

Published

adopted, a judgment of adoption shall be entered. § 63.142(4), Fla. Stat., (2006). We conclude from these

Lofton v. Sec. Dept. of Children and Family

377 F.3d 1275, 2004 WL 1627022

Court of Appeals for the Eleventh Circuit | Filed: Jul 21, 2004 | Docket: 239193

Published

Senate amendment is now codified as Fla. Stat. § 63.142(3)(b) (2003) 34

H.L. ex rel. A.W. v. State, Department of Children & Families

718 So. 2d 236, 1998 Fla. App. LEXIS 10485, 1998 WL 519589

District Court of Appeal of Florida | Filed: Aug 21, 1998 | Docket: 64783163

Published

of the child if the petition is dismissed. See § 63.142(3)(a), Fla. Stat. (1997). In this case, the trial

In re C.T.D.

623 So. 2d 834, 1993 Fla. App. LEXIS 8966, 1993 WL 337479

District Court of Appeal of Florida | Filed: Sep 8, 1993 | Docket: 64698548

Published

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

Dillon v. Robb

597 So. 2d 891, 1992 Fla. App. LEXIS 4281, 1992 WL 75651

District Court of Appeal of Florida | Filed: Apr 17, 1992 | Docket: 64666855

Published

DCA), rev. denied, 551 So.2d 460 (Fla.1989). . § 63.142(4), Fla.Stat. (1989).

Yancey v. Department of Health & Rehabilitative Services

413 So. 2d 438, 1982 Fla. App. LEXIS 20007

District Court of Appeal of Florida | Filed: May 4, 1982 | Docket: 64589682

Published

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

Mixon v. Mixon Curtis

352 So. 2d 574, 1977 Fla. App. LEXIS 17104

District Court of Appeal of Florida | Filed: Dec 2, 1977 | Docket: 64561542

Published

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

Bituminous Casualty Corp. v. B & B Chemical Co.

179 So. 2d 125, 1965 Fla. App. LEXIS 3729

District Court of Appeal of Florida | Filed: Oct 19, 1965 | Docket: 64494338

Published

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