Family Law FAQs Archive - Page 3 of 6

Family Law FAQs

How Long Does the Process Take?

It depends. If the other parent consents to the adoption, the process is relatively straight forward. A final hearing can be set as soon as the Petition for Stepparent Adoption and supporting documents have been properly filed.

If the other parent is contesting the adoption, the process is more complicated. You will first need to terminate the other parent’s parental rights before the adoption can take place. This process can take months or even years.

When Can a Mother’s or Father’s Parental Rights be Terminated?

A legal parent’s parental rights can be terminated if he/she has:

neglected, deserted or abandoned the child;
a history of child abuse or substance abuse; or
been declared by the court to be legally incompetent and is unlikely to regain competency.

What if I Cannot Locate the Child’s Biological Mother of Father?

After a diligent search and inquiry, if you still cannot locate the child’s other parent, you may be able to proceed with the adoption case by serving him/her by publication. You will run an advertisement in the newspaper with a copy of the petition and summons at least once per week for 4 consecutive weeks. After the time lapses, you can proceed with the case.

What if the Biological Parent Won’t Consent?

If the other parent won’t consent, you will have to prove that he/she is unfit and termination of parental rights is in the best interests of the child. The judge will decide whether to grant your petition. If you are successful with the termination of parental rights case, your spouse can move forward with the adoption.

Can Same-Sex Couples Adopt?

Yes. In 2015, the U.S. Supreme Court stuck down all state bans that prevented same-sex marriages. Same-sex married couples are now treated the same as heterosexual couples in stepparent adoption proceedings.

Will I have to Pay Child Support?

An adoption is a permanent commitment. Your financial responsibility to the adopted child continues even if you and your spouse are no longer together.

If I Legally Establish that a Man is My Child’s Father, is he Responsible for Child Support?

Yes. If the man is the child’s legal father, he is responsible for child support. You may also be able to recover retroactive child support for up to two years prior, from the date you filed the paternity lawsuit.

Do I Have To Take a DNA Test?

It depends. If paternity has been established voluntarily, you cannot use a DNA test to challenge it, unless you can prove that you signed the Voluntary Acknowledgement of Paternity Form due to fraud, duress or a material mistake. If your name is not on the birth certificate and you do not agree that you are the child’s father, the court or the Florida Department of Revenue Child Support Program will require your DNA.

Is Paternity Established When I Sign the Birth Certificate?

Your name is listed on the birth certificate after you sign a Voluntary Acknowledgement of Paternity form. This creates the presumption of paternity that you are child’s legal father. The presumption runs for 60 days from the date of signing, during which time you may withdraw your signature. If 60 days has passed and you did not withdraw your signature, you are the child’s legal father by operation of law. You will still need to go to court to establish a parenting plan and child support obligations, especially if you and the mother are no longer getting along.

The case is more complicated if the mother of the child was married to another man at the time of the child’s birth because the husband is presumed to be the legal father and he will have to file an action to disestablish paternity in order invalidate the presumption that he is the child’s legal father before you, the biological father, can have legal rights to the child.

If a Father Does Not Establish Paternity, Is the Father Free and Clear of Child and Related Support?

If the father is married to the child’s mother, Florida law presumes that he is the child’s legal father and he is responsible for child support, even if he is not the child’s biological father. He can stop this obligation by filing a Petition to Disestablish Paternity. If the father is not married to the child’s mother, he is not recognized as the legal father until he voluntarily agrees to paternity or it is done by an administrative or court order. He will not have any child support obligation until paternity is established. However, he may be responsible for up to two years of back child support, from the date paternity is proven.

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Family Law FAQs

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