Articles Posted in Adoption

adoption.jpegAs a Jacksonville Adoption Attorney, I am often asked whether a spouse’s new husband can adopt a child from a previous marriage. The answer is yes (in most cases). It is important to note that this will alter any prior child support obligations. Florida law stipulates that upon the adoption of a child, for whom support has been previously ordered, by someone other than the father, the liability of the father for the support of the child is terminated. In other words, a father who previously paid child support is no longer required to do so.

If you are interested in adopting a child, contact a Jacksonville Adoption Attorney today to begin the process today!

gayadoption.jpgLate last year, a Florida appeals court declared unconstitutional a 33-year-old state law that prevented gay people from adopting children. Since that decision, gay couples in Florida have quietly begun adopting children.

Prior to the ruling, social workers often did not ask about the sexual orientation of an adopting parent, which meant some gay Floridians were adopting children under the radar. However, even with this option gay couples could not obtain the same legal rights as straight couples in the same situation, such as custodial rights in the event the adoptive parent died. The court’s ruling, however, means gay couples can legally adopt and have many of the same custodial rights as straight parents.

There are many things a gay couple should consider prior to adopting a child of their own. For example, the current court ruling is relatively young and will likely be challenged in other courts or the Florida legislature. Additionally, the media may be interested in your adoption and you may find yourself with unwanted attention. If you are interested in growing your family, contact a Florida LGBT Lawyer or a Jacksonville Family Law Lawyer to discuss your options.

As a Jacksonville, Florida adoption attorney, people often ask me how they can adopt or take legal custody in Florida of a relative such as a grandchild, niece or nephew or sibling. There are several ways you can adopt or gain legal custody in Florida of your loved one. Some, such as a guardianship, require annual accountings to the court. There are less invasive ways to take custody of your loved one. Please contact a Florida adoption lawyer or Jacksonville child custody attorney for expert information on how to adopt your loved one.

love my rainbow family.jpg
Florida same-sex couples that want to adopt, the movement is on. The Arkansas Supreme Court recently ruled that the state’s ban on adoption and foster parenting by any person cohabiting with a sexual partner outside of marriage is a violation of the Arkansas Constitution.

As in Florida, the best interest of the child criteria was the focus. The Plaintiffs in the
Arkansas case involved:• a lesbian couple adopting a special-needs child;

• a lesbian grandmother wanting to adopt a grandchild, currently in state care;

system_failure.jpgAs a Florida Adoption Lawyer, I can tell you that adoption is one of the most rewarding areas of law in which Jacksonville family law attorneys practice. It is the one area where everyone is happy and people feel as though something very good is being done. However, there are some horror stories regarding adoption in Florida. In my role as a Jacksonville adoption lawyer, I have seen some cases where the adoption agency has not fully revealed the child’s abuse background and as such, the parents are adopting children with far more issues than relayed to them. Many times, these parents are not equipped to give these children the proper psychological counseling or medical care that the children need. As such, the children can and have ended up back in the foster care system with a failed adoption in Florida. It is imperative to utilize a Florida adoption attorney when choosing the adopt a child or children in Florida.

dilema.jpgAs a Florida adoption attorney, I represent parents who are in the process of having their parental rights terminated by the Florida Department of Children and Families. Many times, these parents do not have a say in where their child ends up or with whom. Often these children are left in the foster care system. Florida now has a new adoption statute that a Jacksonville adoption lawyer can review with you if you are a parent whose parental rights are being terminated. Under the new statute, parents facing termination of their parental rights are allowed to designate that their children be adopted into a permanent home rather than being placed in State Foster Care. Contact a Jacksonville adoption lawyer or Jacksonville dependency lawyer today for immediate assistance.

As a Jacksonville, Florida child custody lawyer, I often see cases where one parent desires to terminate the parental rights of another to allow a step-parent to adopt. This type of case requires the expertise of a qualified Florida custody attorney as it is quite a detailed task. There are many essential elements that must be fulfilled to qualify to be able to terminate a parent’s parental rights. The process is a two-part process. The first part is to terminate the parental rights, and the second part is the Florida adoption.

images-2 dads.jpgJacksonville Florida gay and lesbian couples are ready to adopt. Now that the Florida law banning gay and lesbian individuals from adopting has been lifted, many same-sex Florida couples are making their dreams of a family, a reality.

Florida “second-parent” adoption procedures allow the biological parent’s same-sex partner to adopt a child without terminating the rights of the biological or adoptive parent.

Children being raised in Jacksonville by same-sex parents are at a disadvantage if they only have a legal relationship with one of those parents. The legal parent may not have benefits or health insurance coverage for their child, but the non-legal parent does. Social security death benefits will not be provided to a child that does not have a legal relationship with the parent who dies.

A recent Florida ruling has made it possible for St. Augustine lesbian and gay men to finally become legally recognized parents. A Florida Court of Appeals has ruled that the Florida law banning gay men and lesbians from adopting in the state of Florida is unconstitutional. According to recent data, a quarter million American children are living with same-sex parents. The Florida court of appeals relied on mainstream health and child welfare organizations that have issued policies opposing restrictions on parenting by lesbians and gay men.

The Child Welfare League of America (CWLA) eloquently stated that:

“Based on more than three decades of social science research and our 85 years of service to millions of families, CWLA believes that any attempt to preclude or prevent gay, lesbian and bisexual individuals or couples from parenting, based solely on their sexual orientation, is not in the best interest of children.”

Ask any Jacksonville Family Law Lawyer or Jacksonville Custody Lawyer how to win custody of your children and you could get a different answer with each divorce/family lawyer. One thing is for certain. If you are in the midst of a custody battle, no matter what your religious affiliation, you must live as though you are at the foot of the cross. Anything and everything is fair game when your soon to be ex is fighting you for your kids. Watch what you post on facebook, twitter, and myspace. This gives Jacksonville custody attorneys a lot of information on your real activities. Of course everyone acts like an angel in front of a Florida family court judge, but the evidence can sometimes be the proof in the pudding. If you have a custody or divorce case, please call a Florida family lawyer for expert help. Our firm has almost 20 years experience in handling divorce, child custody, child support, alimony, adoption, modification and visitation among other areas of practice. Please contact us at 904-685-1200 to arrange a consultation to help you.

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