Adoption

May 25, 2009

Out of State Gay Adoptions Recognized in Florida!

Most people know that Florida is only 1 of 2 states in the country that does not allow homosexuals to adopt. Many people who are in committed same-sex relationships come to my practice in Jacksonville, Duval County, Florida, from surrounding counties such as Clay, Nassau, Putnam and St. Johns to find out how they can protect their rights as a parent in the current legal market banning gay adoptions. Most of the time, I can try to protect a non-biological parent’s rights through estate planning, i.e. drafting a will or parenting agreement and treating it as a contract instead of an adoption. However, the Florida Supreme Court has now decided as recently as May 13, 2009, in the case of Embry v. Ryan, that same-sex parents who have adopted a child in another state will have that parentage and adoption recognized here in Florida through the Full Faith and Credit Clause of the U.S. Constitution. This is a giant step for Florida in joining 48 other states who allow same-sex adoptions. Mississippi is the only other state to ban same-sex adoptions. Do you think this decision will now mean that Florida will have to recognize gay marriages? Let me hear from you. If you have an adoption issue or any other family law matter such as divorce, child custody, child support, alimony or distribution of assets and liabilities, please call our firm at 904-355-8888. I look forward to hearing from you.

May 19, 2009

Florida Adoptions are the Silver Lining to Recession: Florida Family Law

By Wood, Atter & Wolf, P.A.

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As a Jacksonville, Florida family law attorney, I have many inquiries regarding adoptions. Recently, the interest in adoptions seems to be growing, possibly due to celebrities like Angelina Jolie and Madonna. Their adoptions have made national news more than once. However, in a struggling economy, I was curious about how adoptions are being impacted and recently heard a news story on NPR related to the issue and now discovered a news article in US Today on the same topic.
According these stories, it appears that at adoption and the option for it has grown exponentially due to the economy. Many more women, especially those with children already, are choosing to place their newborns up for adoption. This decision is being exercised at a time when families are struggling to feed the ones in their home, but also want to provide life and a family to others. Those unable to have children are grateful for the influx in available babies right here in the U.S. and in Florida. At a time when people are struggling to put gas in their cars, the country’s women have decided the ultimate sacrifice is their calling and these women and their families are providing others with a chance at what was once perceived as virtually impossible.
There really is a silver lining for a recession.

April 29, 2009

Florida Stepparent Adoption: By Consent

By Wood, Atter & Wolf, P.A.

Stepparent adoption is common in Jacksonville, Florida, where we, Wood, Atter & Wolf, P.A. is located. Florida recognizes adoption by a stepparent to be commonplace and tries to make the process easy on all parties. Consent of the nonparticipating parent is the best way to gain adoption rights of the child. However, some situations do not require consent of the parent.

Stepparent adoption is usually achieved when a parent remarries and the other parent has not consistenly participated in the child’s life. Upon the primary parent’s marriage, the new spouse offers to adopt the child so that the child can have an intact and stable environment with a mom and dad. Florida courts, looking at the matter in the best interest of the child, are happy to provide such a family unit to a child.

Typically, a nonparticipating parent is fine giving up their parental rights to the child, because it alleviates the need to pay future child support and they understand that the child has a chance at a two parent home. If the other parent is willing, then it is best to get them to sign a consent terminating their parental rights. This process is the easiest method for all parties.

April 8, 2009

Florida Gay Adoption: Constitutional?

By Wood, Atter & Wolf, P.A.

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The Florida Supreme Court will be deciding the issue of whether the 2008->Ch0063->Section%20042#0063.042 target=”_blank”>Florida Constitutional provision stating that gays and lesbians and transgendered people in the State of Florida cannot adopt is constitutional. Miami-Dade Circuit Judge, Cindy Lederman, has ruled that the law declaring that homosexuals in Florida cannot adopt violates the equal protection clause of the Constitution. The Court in Miami-Dade applied the best interests of the child standard in reviewing the antiquated law and decided that it would be in the best interests of the child if the child remained with the two men who had raised him and cared for him and loved him while he was their child in a foster care situation.
Florida is the only state that bars gay adoption by its constitution. Now that the Circuit Court has ruled the provision unconstitutional, the Florida Supreme Court has stepped in to make a decision on the actual constitutionality of the issue. The case has sparked many concerns and interests throughout Florida and the rest of the country. Recently the Florida Family Law Section of the Florida Bar has gotten involved with the brief process due to the overall interest and best interest standards for children. The Family Law Section is a separate division from the Florida Bar, but many have publicly protested the entry of the Florida Bar in any form. However, the Family Law section feels the need to get involved in this matter due to the overall interests in protecting rights of Florida’s prospective adopting parents, and the rights and best interests of children that are currently in need of a permanent home.

April 6, 2009

Florida Adoptions: Jacksonville and Surrounding Areas

By Wood, Atter & Wolf, P.A.

Florida Adoptions are governed by Chapter 63 of the Florida Statutes. In Jacksonville and surrounding areas, the court will look to Chapter 63 in handling the many areas of adoption that arise. The different types of adoptions are the following:

1. Private adoptions

2. Step-parent adoptions

March 20, 2009

Florida Family Protection: Handling DCF Actions

By Wood, Atter & Wolf, P.A.

In Florida, the Department of Children and Families (DCF)is designed to protect children. The goal is not to shatter the home, but to protect the safety and welfare of the children. In its protective role, DCF can act in more of a prosecutorial manner and rather than seeing an incident as a possible accident, they become more accusatory in nature.

Some of the consequences of DCF involvement is that they have the ability to remove children from your home pending an investigation and during the completion of a case plan, which could take from 6 months to a year, or more. If the case plan is not properly completed, then DCF has the ability to petition the courts to declare the child(ren) dependent on the state, terminate parental rights and place the child(ren) in foster care or up for adoption.

Our firm has represented numerous parents and grandparents who have faced DCF charges for putting a child or children in harms way. The reality is that DCF can have an awful impact and disruption on your family and representation is important.

January 19, 2009

Options for Teen Moms in Florida Family Law

By Wood, Atter & Wolf, P.A.

We hear about teen pregancies from Florida to California all of the time. Ranging from politicians to pop stars, the issue seems to be a constant in our lives. Sarah Palin’s daughter was 17 years old and pregnant, Jamie Lynn Spears was 16 and pregnant, and most likely your Florida teen knows someone in high school that’s pregnant. Taking the political nature of the question out, as in Pro Life or Pro Choice, what are the options one has?

I’m pretty certain that many of these young girls really don’t want to get married right now, but obviously that is an option. But, does it really solve the problem? In Florida we recognize that parents have the right to child support, so the old fashioned idea of pregnancy equals marriage is not really necessary. In fact, it statistically causes more problems later since the majority of marriages that end are due to the couples being too young when they got married.

Another answer is for a paternity test to be done and filed with the court in order to prove the child does have a father, and hold that father responsible for any child support obligations. In teen pregnancy the mother and father are sometimes in school, but the court can impute income for child support to be assessed. Also, the child does have the option of going on state funded medical insurance. However, this is a tough road altogether and it’s important to make certain you’re making the right choice.

January 14, 2009

Florida Gay Adoption Law Ruled Unconstitutional in Key West – What Does This Mean In Other Parts of Florida?

By Wood, Atter & Wolf, P.A.

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A Florida Circuit Court Judge has ruled that a 31 year old ban on gay adoptions is unconstitutional. The Judge allowed the adoption of a openly gay foster parent of a teenage boy that she had raised since 2001. The case was reported in the Miami Herald. The Judge noted that he made his decision on the best interest of the child rather than the law that was passed back in 1977.

The role of the attorney is to interpret laws and pursue cases on behalf of clients. While there is a ban on gay adoptions in the State of Florida, it appears that some Judges are willing to violate statutes in order to challenge the laws to determine if the Florida Supreme Court or the United States Supreme Court will ultimately rule on the issue to confirm the laws in place or in the alternative make new laws.

Section 63.042, Florida Statutes – Who May Be Adopted, Who May Adopt provides that no person is eligible to adopt if that person is a homosexual.