Step-parent adoption in Florida can happen when one biological parent is absent. The step-parent must prove abandonment or lack of involvement. If the absent parent is unfit or unwilling to care for the child, the step-parent can proceed with adoption after meeting specific legal requirements.
What is step-parent adoption?
Step-parent adoption occurs when a parent’s new spouse seeks to legally adopt the child. This process happens when the biological parent shares custody or has full custody. If the other biological parent is absent, the step-parent can file a petition for adoption, provided they meet legal conditions such as proving abandonment or the absent parent’s inability to care for the child.
Legal requirements for adoption in Florida
In Florida, the biological parent must have been absent for at least a year and failed to support or care for the child. The step-parent seeking adoption must provide evidence of the absent parent’s lack of involvement. The step-parent must also demonstrate the ability to care for the child and provide for their well-being.
Consent from the biological parent
If the absent biological parent cannot be found, the court may waive the need for their consent. However, if the parent is located, the court may still require their consent. The court will prioritize the child’s best interests, focusing on their emotional stability and overall well-being.
How the adoption process works
After the court receives the petition, it will determine whether the absent parent’s rights should terminate. If the biological parent has abandoned or remained absent from the child’s life, the court will likely approve the adoption. The step-parent will then gain legal parental rights and make important decisions for the child.
Step-parent adoption in Florida is possible when the biological parent is absent. The step-parent must prove abandonment and show the ability to care for the child to gain legal parental rights.