Adoption Lawyers Melbourne, FL
Choosing to adopt a child is a life-changing decision for prospective adoptive parents. The adoption process can be deeply emotional and joyful, but may also feel stressful. To make adoption as easy as possible, seek help from a professional adoption lawyer.
Melbourne, FL, families can depend on Platt Cole Russell & Simpson PLLC for legal assistance in adoption matters. Whether you are looking for legal advice in an adult adoption, private adoption, or adoption as a grandparent or stepparent, we can help. Our Melbourne adoption attorneys have broad experience and substantial knowledge in Florida family law.
When you’re ready for legal consultation about adoption, contact the law office of Platt Cole Russell & Simpson, PLLC. Reach us by phone at (321) 725-3425 to discuss and review your options.
Legal Assistance for Adoption in Brevard County
The legal process of adoption can be complicated, which is why you should hire legal assistance from a Florida adoption attorney. Platt Cole Russell & Simpson PLLC attorneys guide you step-by-step through the adoption process. We strive to make adoption as stress-free as possible by handling complex paperwork, explaining your options, and ensuring that you meet strict legal requirements. Our legal team will consider all your questions and concerns and provide answers based on your unique situation.
Types of Adoption in Florida
Adoption creates a legally recognized parent-child relationship between two individuals. There are multiple types of adoptions in Florida, ranging from private or independent adoptions to adult adoptions. Whatever the circumstances of the adoption, our team of Florida adoption attorneys can prepare you for the adoption process.
Stepparent Adoption
Stepparent adoptions involve a stepparent adopting their spouse’s or partner’s child. Generally, both of the child’s biological or legal parents must consent to the adoption. Additionally, the parenting rights of the other legal or biological parent must be terminated. This can be accomplished through their consent or seeking involuntary termination through a Florida court. If the other parent refuses to consent or cannot be found, stepparent adoption can quickly become complicated. In these cases, you need an experienced Melbourne stepparent adoption attorney on your team.
Grandparent Adoption and Other Relative Adoption
If a child’s parents are unable to care for them, a family member can begin the adoption process. When a family member, such as a grandparent, sibling, aunt, or uncle, adopts a family member, it is known as kinship adoption. The process for a kinship adoption involves filing a petition with the court, obtaining the parents’ permission, and attending court hearings. Our legal team includes Florida grandparents’ rights lawyers and attorneys with ample experience in family law. We provide reliable legal support to grandparents and relatives looking to adopt a family member.
Private Adoption Agency
In Florida, the only public adoption agency is the Department of Children and Families (DCF). All other agencies are private agencies, often run by social service organizations and charities. While the DCF cares for children who are wards of the state, some parents may choose to willingly bring their children to private agencies. Private adoption agencies require a DCF license to operate. Before you start an adoption through a private agency, it is important to hire a skilled attorney who can walk you through the adoption process.
Foster Care Adoption
The majority of Florida adoptions are foster care adoptions. To adopt a child through foster care, you must meet specific requirements. The prospective foster and adoptive parents need to obtain a DCF license and train through the state before they can welcome a child into their home. Prospective adoptive parents are also required to go through a home study to gain a license to adopt. This important process typically takes anywhere from 6 months to a year. Speak with an adoption attorney today to learn if you qualify for foster care adoption.
Adult Adoption in Florida
Adult adoptions in Florida exist to establish a parent-child relationship between two consenting adults. Florida law does not have an upper age limit for adoptions. As long as the adoptee is over 18, they are eligible for an adult adoption. The most common type of adult adoption is for foster children who have aged out of the system and have no connection to an adult. These adoptions do not require a home study or an adoptive or foster care license from the state of Florida.
Florida Adoption Laws and Requirements
Title VI, Chapter 63 of the Florida Statutes details requirements for those interested in adopting a child or an adult. State law says that Florida has an interest in ensuring that children who can benefit from adoption find permanent and lasting homes. The best interests of the child are prioritized in adoption scenarios. Those who can adopt in Florida are as follows:
- A wife and husband who agree jointly
- An unmarried adult
- A married person without the other spouse joining the adoption
To adopt without your spouse as a joint petitioner, your spouse must either be a parent to the child you are adopting or be excused by the court for good cause. Florida law does not prohibit eligible parties from adopting solely based on a physical disability unless the courts determine that they are unable to serve as an effective parent. If the disability hinders the prospective adopter’s ability to care for the child, courts can deny the adoption request.
Termination of Parental Rights
Termination of parental rights is necessary in some adoption cases. Florida law states that parents have the right to terminate voluntarily through a written surrender. Alternatively, parents may involuntarily terminate their rights through abuse, neglect, or abandonment. Finalization of an adoption hinges on the mother’s consent. The father’s consent is required if the parents were married at the time of conception or birth, if he has legally acknowledged paternity, if he is on the birth certificate, or if he meets certain other legal requirements establishing his parental rights.
To complete the termination of parental rights, the court needs clear and convincing evidence that the adopting person has completed all of the necessary steps for adoption. Courts will base their decision to terminate parental rights based on the best interests of the child. If the biological or legal parents of the child refuse to terminate their rights, the court can choose to terminate their rights if there are legal grounds for involuntary termination. Proof of abandonment or abuse can lead to involuntary termination. Furthermore, evidence of neglect may support your case to have parental rights terminated. For example, failure to pay child support is not direct grounds for termination, but is something the judge will take into consideration in cases of abuse or neglect.
Florida Home Study Process
In Florida, prospective adopters must meet various requirements prior to adoption. Requirements usually include a home study conducted by a licensed adoption agency professional or social worker. Home studies are not necessary for adoption cases involving adult adoptees or adoption by a close relative. This process determines the suitability of the intended adoptive parents. You have a 30-day time frame after initiation to complete your home study. Home studies typically involve:
- An interview with prospective parents
- Personal references
- FBI and state background checks
- Assessment of the physical environment of the home
- Health evaluations
- Financial stability assessment
- Proof or documentation of adoption counseling, training, and education
- Documentation that the adoptive parents have received adoption information
- Documentation that includes information on the support services available in the community has been provided
- A copy of each signed acknowledgment of receipt of disclosure
Married couples may also need to prove marriage stability. The home study process typically takes 2 to 3 months, depending on the situation. Florida law states that a favorable home study is valid for up to one year after the date of completion.
A skilled adoption attorney can provide much-needed support throughout the home study process. Our team can help you contact agencies providing home study services in the Melbourne area, such as Family Partnerships of Central Florida. We can also help you gather the necessary documentation and prepare you for interviews.
Biological Parent Rights in Florida Adoption Cases
Florida law affords biological parents certain rights during the adoption process. Birth mothers have the right to choose the adoptive parents in most cases. They can review prospective families’ profiles and interview interested families. If the birth mother would like to consent to an adoption, she must wait a minimum of 48 hours after giving birth or until receiving written notification that she is fit to be released from medical care. Signed consent is generally irrevocable except in specific legal circumstances. A birth father’s rights regarding the adoption of his child depend on his meeting legal requirements to establish parental rights.
Parents have the right to receive supportive counseling from a counselor, social worker, physician, clergy, or attorney. While birth parents cannot receive pay for placing a child for adoption, they can receive financial assistance from the adoptive parents during the pregnancy and up to six weeks after birth. Financial assistance can cover medical, living, and pregnancy-related expenses.
Legal Process for Stepparent Adoption in Brevard County
The process for a stepparent adopting a child in Brevard County involves filing a petition with the court. The adoptive parent must obtain the non-custodial parent’s consent or seek to terminate their parental rights. Finally, the adoptive parent must attend a final hearing at the Viera Courthouse, which typically occurs within 90 days for uncontested hearings. An adoption attorney can help step-parents meet all the legal requirements in Florida.
Legal Process For Private Adoption in Melbourne
Licensed agencies handle private adoptions in Melbourne. When biological parents are unwilling or unable to raise their child, they can willingly participate in the private adoption process. This allows them to choose the adoptive parents. Like in other adoptions, private or independent adoptions must receive approval from the judge overseeing their case. Once approved, the court will issue a final judgment of adoption establishing the legal relationship between the adoptee and the adoptive parents.
Foster Adoption Through Brevard Family Partnership
You seek support for the foster-to-adopt process through the Brevard Family Partnership. This allows families to adopt through low-cost or even free processes. The Central Florida Partnership provides adoption subsidies and support, as well as training and certification for those who wish to adopt a child. This partnership will help prospective parents through the adoption application process, including a preparation course, home study, child match, and placement supervision. They also provide post-adoption support in the form of counseling, monthly stipends, child-specific support, and more.
Family Partnerships of Central Florida does not charge to place foster children into adoptive homes. The partnership pays for your adoption classes, home study, and background checks. The Brevard Family Partnership also covers up to $1,000 of court and attorney’s fees.
How a Melbourne Adoption Attorney Assists With Interstate Adoption and ICPC Compliance
Interstate adoptions occur when a family wishes to adopt a child from another state. It requires compliance with the Interstate Compact on the Placement of Children ICPC. This means both states involved must approve the placement before the child can cross state lines. The goal of the compact is to maintain safety and stability when a child is legally placed with a family in another state. Due to the increased level of complication in interstate adoption, it is crucial to have the help of an experienced attorney. An attorney with Platt Cole Russell & Simpson PLLC is here to help you through this life-altering decision of adopting a child from another state.
Same-Sex Adoption in Brevard County
The Florida law that banned same sex adoption was repealed in 2015. Same sex couples can legally adopt a child in Florida without discrimination. Prospective parents will need to complete the necessary paperwork and a home study prior to adoption. Courts may require proof of marriage and consent from the birth parents. An adoption attorney can help you understand your options and legal rights when adopting as an LGBTQ person or couple.
Out-of-Country Adoption and Immigration Issues
If you choose to adopt a child from another country, the process requires compliance with federal immigration laws and international agreements. The Hague Convention governs most international adoptions and sets rules to prevent child trafficking. Prospective adoptive parents have to meet standards set by both the U.S. Citizenship and Immigration Services (USCIS) and the foreign country to adopt internationally. Prior to traveling to the U.S., the child must obtain a visa from a U.S. embassy or consulate.
Florida generally does not require readoption to recognize adoptions that legally occurred outside of the country. Courts typically only require readoption if your child has an IH-4 or IR-4 visa. In these cases, readoption ensures the child’s U.S. citizenship. Otherwise, there are a few reasons why parents may wish to apply for recognition of foreign adoption. For example, this process can allow them to obtain a Florida certificate of foreign birth.
How Much Does it Cost to Adopt a Child in Brevard County?
There are various costs associated with adopting a child in Florida, and it is important to understand your options. Costs differ based on the circumstances of the adoption.
How Much Does it Cost for a Stepparent to Adopt?
A stepparent adoption, like other adoptions, involves legal fees, court filing fees, and background check and home study fees.
- Legal fees can range from $1,500-$3,500
- Court filing fees are approximately $400
- Background checks and home study fees can range between $300-$1,000
Certain circumstances, such as a contested or uncontested adoption, can impact the overall cost of the application and process.
Private Agency Adoption Cost
Private adoptions are the most expensive, with total costs ranging from $20,000 to $50,000. Birth parent expenses, services, and time can drive up the price of a private adoption. There may be some financial assistance available for those who wish to adopt from an agency.
Foster Care Adoption Cost
Foster care adoptions are the least costly adoption in Florida. These adoptions can have minimal to no cost through DCF. In some cases, state assistance can waive or subsidize legal fees.
Legal Representation For Contested Adoption and Appeals in Melbourne
Even in the best circumstances, adoption can be a complicated process. That process becomes much more complicated when the child’s biological parents or other relatives contest the adoption. If you are facing a contested adoption in Melbourne, you need skilled legal representation. At Platt Cole Russell & Simpson PLLC, our adoption lawyers will help you if the birth parent objects, the biological father challenges paternity, or relatives contest the placement.
Additional complications may arise depending on the child’s background. For example, the Indian Child Welfare Act is a 1978 federal law that requires minimum standards for state child custody proceedings involving Native American children. This act addresses the historical removal of Native American children from their homes. It aims to protect the best interests of these children and promote stability within their tribe. When necessary, our attorneys can ensure that the adoption process adheres to the standards of this act.
How Our Family Law Firm Assists With The Brevard County Adoption Process
Adoption provides a loving and stable environment for children in need. Our Melbourne, FL family law attorneys work diligently on behalf of our clients to ensure successful adoptions. With significant experience in family law, we know how to navigate through various adoption processes. We provide support every step of the way.
Attorneys at Platt Cole Russell & Simpson PLLC can facilitate adoptions through both public and private adoption agencies. We’ll help you connect with other parents and find a good fit for adoption. Our lawyers save you from the headache of figuring out complicated forms and documents. We’ll help you fill out forms accurately. Our legal team can also provide advice on how to meet Florida’s requirements for adoption. If the biological parents refuse to give up parental rights, we can help you construct a case that proves there are legal grounds to terminate their rights. Count on our team for legal adoption assistance in Brevard County, Merritt Island, or Melbourne.
Contact an Adoption Attorney in Melbourne, FL
If you are hoping to adopt a child or adult in Melbourne, FL, you need an adoption attorney who knows the system. At Platt Cole Russell & Simpson PLLC, our attorneys have the years of experience necessary to help you navigate this legal area. We’ll advocate on your behalf, helping smooth the adoption process.
Don’t wait to seek the legal support you need for adoption. Schedule your initial consultation with one of our adoption attorneys today. Call us at (321) 725-3425 or reach out via the online contact form on our website.