Dependency Law Finder

1. C.S. v. S.H. 671 So. 2d 260 · 4D95-4099 · 4th DCA 1996

   This opinion cites § 63.072 12 times, the section generally

   …the adoptive parents, but merely ruling on the merits of a petition for adoption. *268 The trial court determined it had authority under subsection 63.072(4) to waive HRS's consent if it concluded that such consent had been unreasonably withheld. Section 63.072 is entitled "persons whose consent may be waived."…

2. C.S. v. S.H. 671 So. 2d 260 · DCA95-4099 · District Court of Appeal 1996

   This opinion cites § 63.072 12 times, the section generally

   · cited by 35 in all courts

   …the adoptive parents, but merely ruling on the merits of a petition for adoption. *268 The trial court determined it had authority under subsection 63.072(4) to waive HRS’s consent if it concluded that such consent had been unreasonably withheld. Section 63.072 is entitled “persons whose consent may be waived.”…

3. Solomon v. McLucas 382 So. 2d 339 · 2D79-769 · 2nd DCA 1980

   This opinion cites § 63.072 7 times, the section generally

   · cited by 26 in all courts

   …to the adoption, but appellant did not. Appellant's consent was required unless the trial judge excused her consent on one of the grounds specified in Section 63.072, Florida Statutes (1977). The trial judge impliedly did so by expressly finding that appellant had abandoned Jennifer. We hold that the evidence in this case…

4. Matter of Adoption of Doe 543 So. 2d 741 · SC72593 · Florida Supreme Court 1989

   This opinion cites § 63.072 5 times, the section generally

   · cited by 48 in all courts

   …OF HER NEEDS, BE A BASIS FOR A TRIAL COURT TO EXCUSE HIS CONSENT TO THE ADOPTION OF THE CHILD, ON THE GROUNDS OF ABANDONMENT OR ESTOPPEL, PURSUANT TO SECTION 63.072(1), FLORIDA STATUTES (1985). 524 So.2d at 1044 . We first address the issue of the natural mother's consent to the adoption. The adoption here was…

5. O.A.H. v. R.L.A. 712 So. 2d 4 · 2D96-05015 · 2nd DCA 1998

   This opinion cites § 63.072 4 times, the section generally

   …parent is entitled to appointed counsel in an adoption proceeding that involves the involuntary termination of his or her parental rights pursuant to section 63.072(1), Florida Statutes (1993). We reverse, in part, the orders under review, and we remand for a new final hearing. The child involved in this case was born in…

6. O.A.H. v. R.L.A. 712 So. 2d 4 · 2D96-05015-2 · 2nd DCA 1998

   This opinion cites § 63.072 4 times, the section generally

   · cited by 15 in all courts

   … parent is entitled to appointed counsel in an adoption proceeding that involves the involuntary termination of his or her parental rights pursuant to section 63.072(1), Florida Statutes (1993). We reverse, in part, the orders under review, and we remand for a new final hearing. The child involved in this case was born in…

7. Baby E.A.W. v. J.S.W. 647 So. 2d 918 · 4D93-3040 · 4th DCA 1994

   This opinion cites § 63.072 3 times, the section generally

   …remanded. Simplistically stated, the birth father's consent to adoption was required in this case unless the evidence shows that he "abandoned" the child. § 63.072(1), Fla. Stat. (1992). The term "abandoned" is defined in section 63.032(14), Florida Statutes (1992), and provides, inter alia, that "In making this decision,…

8. Matter of Adoption of Cottrill 388 So. 2d 302 · 3D79-2258 · 3rd DCA 1980

   This opinion cites § 63.072 3 times, the section generally

   · cited by 13 in all courts

   …Florida Statutes (1977), or under circumstances where it can be said that the conduct or condition of the parent obviates the necessity of consent, Section 63.072, Florida Statutes (1977). One of the bases, and the only one pertinent here, upon which a court may consider that consent to adoption has been waived is when…

9. Turner v. Adoption of Turner 352 So. 2d 957 · 1DFF-238 · 1st DCA 1977

   This opinion cites § 63.072 3 times, the section generally

   · cited by 16 in all courts

   …adoption and opposed it. In its final order, the trial court found from the evidence that there had not been a legal abandonment as required by § 63.062 and § 63.072, Florida Statutes; that termination of parental rights by adoption may only be done over the objection of a natural parent when there is a showing by clear…

10. W.T.J. v. E.W.R. 721 So. 2d 723 · SC92161 · Florida Supreme Court 1998

    This opinion cites § 63.072 2 times, the section generally

    …natural parents have consented. See id. § 63.062. In certain instances, however, a court may excuse the required consent of a natural parent. See id. § 63.072. One such instance is when a natural parent abandons his or her child. See id. § 63.072(1). The issue in this *725 review is whether the commission of a…

11. W.T.J. v. E.W.R. 721 So. 2d 723 · SC92161-2 · Florida Supreme Court 1998

    This opinion cites § 63.072 2 times, the section generally

    · cited by 9 in all courts

    …natural parents have consented. See id. § 63.062. In certain instances, however, a court may excuse the required consent of a natural parent. See id. § 63.072. One such instance is when a natural parent abandons his or her child. See id. § 63.072(1). The issue in this *725 review is whether the commission of a…

12. G.W.B. v. J.S.W. 647 So. 2d 918 · DCA93-3040 · District Court of Appeal 1994

    This opinion cites § 63.072 2 times, the section generally

    …or failing to provide support responsibilities and medical expenses for the natural mother is relevant to the issue of abandonment under *948 section 63.072(1). We caution that this analysis cuts both ways. In circumstances other than those here, an unwed father would be justifiably entitled to argue that his conduct…

13. Matter of Adoption of Doe 524 So. 2d 1037 · 5D87-1277 · 5th DCA 1988

    This opinion cites § 63.072 2 times, the section generally

    · cited by 9 in all courts

    …this adoption proceeding commenced. However, the adoption statute also provides that such consent to an adoption may be excused by the court. [13] Section 63.072(1) specifies that consent is excusable in the case of "a parent who has deserted a child without affording means of identification, or who has abandoned a…

14. Smith v. Fernandez 520 So. 2d 654 · 3D86-1439 · 3rd DCA 1988

    This opinion cites § 63.072 2 times, the section generally

    · cited by 3 in all courts

    … We reverse and remand to the trial court with directions to vacate the order of adoption. Reversed and remanded with directions. NOTES [1] Section 63.072, Florida Statutes (1985), specifies the grounds for adoption where the natural parents withhold consent. It provides, in relevant part: "63.072 Persons whose…

15. In re Adoption of Baby Girl C 511 So. 2d 345 · 2D87-191 · 2nd DCA 1987

    This opinion cites § 63.072 2 times, the section generally

    · cited by 9 in all courts

    …that an adoption may be granted over the objection of a natural parent if it would serve the best interests of the child, since the passage of Section 63.072, Florida Statutes (1977) .. . the grounds upon which adoption may be granted in the absence of the written consent of a natural parent whose consent is…

16. E.H. v. K.S. 511 So. 2d 345 · DCA87-191 · District Court of Appeal 1987

    This opinion cites § 63.072 2 times, the section generally

    · cited by 1 in all courts

    …that an adoption may be granted over the objection of a natural parent if it would serve the best interests of the child, since the passage of Section 63.072, Florida Statutes (1977) ... the grounds upon which adoption may be granted in the absence of the written consent of a natural parent whose consent is…

17. Gift of Life Adoptions v. S.R.B. 252 So. 3d 788 · 2D18-0100 · 2nd DCA 2018

    This opinion cites § 63.072 1 time, the section generally

    · cited by 2 in all courts

    …parent in a contested adoption proceeding when the parent is indigent and his or her consent to the adoption is sought to be excused under section 63.072(1), Florida Statutes (1993)."). And the premise behind GLA's argument in this petition—that the presence of a lawyer for a putative father in a contested…

18. M.M. v. Adoption of J.T.M. 821 So. 2d 1134 · 4D01-3447 · 4th DCA 2002

    This opinion cites § 63.072 1 time, the section generally

    · cited by 2 in all courts

    …with the Officer of Vital Statistics of the Department of Health. 5. He has provided the child with support in a repetitive, customary manner. Section 63.072, Florida Statutes (2000), provides in pertinent part: The court may excuse the consent of the following individuals to an adoption: (1) A parent who has…

19. Hausmann ex rel. Doe v. L.M. 806 So. 2d 511 · 4D01-1811 · 4th DCA 2001

    This opinion cites § 63.072 1 time, the section generally

    · cited by 8 in all courts

    …and father. The grandparents' petition for adoption alleged that the court could waive the parents' consents because of abandonment of the child. See § 63.072(1), Fla. Stat. (1999). Thus, both petitions for adoption conform to all of the statutory requirements, one alleging consent and one alleging facts to waive…

20. Y.H. v. F.L.H. 784 So. 2d 565 · 1D00-1832 · 1st DCA 2001

    This opinion cites § 63.072 1 time, the section generally

    · cited by 19 in all courts

    …been terminated, then only the consent of the licensed child-placing agency handling the adoption is required. Id.; see also § 39.47(1), Fla.Stat. (1991); § 63.072(2), Fla.Stat. (1991). Thus, the Legislature has determined that one whose parental rights have been terminated does not *570 have a sufficient interest in the…

21. Kazmierazak v. Query 736 So. 2d 106 · 4D98-2854 · 4th DCA 1999

    This opinion cites § 63.072 1 time, the section generally

    · cited by 16 in all courts

    …nonparent may petition for adoption without the consent of the biological parent upon proof the biological parent has deserted or abandoned the child. See § 63.072(1). Although, in the present case, the appellant's petition was not filed under any of the available statutory schemes, the appellant argues that, as a…

22. B.D.B. v. Wilson 735 So. 2d 523 · DCA97-03593 · District Court of Appeal 1999

    This opinion cites § 63.072 1 time, the section generally

    · cited by 12 in all courts

    …persons are required to give their consent before an adoption petition may be granted. One such person is the biological father. However, pursuant to section 63.072, Florida Statutes (1997), a parent’s consent may be waived if the parent: (1) has deserted the child; (2) has abandoned the child; (3) has had his/her…

23. G.T. v. Adoption of A.E.T. 725 So. 2d 404 · 4D98-2280 · 4th DCA 1999

    This opinion cites § 63.072 1 time, the section generally

    · cited by 17 in all courts

    …consent of both parents to an adoption unless consent is excused by the court. A parent's consent can be excused or "waived" by the court pursuant to section 63.072(1) upon a determination that he or she abandoned the child. The term "abandoned" is defined in § 63.032(14): "Abandoned" means a situation in which the parent…

24. Stefanos v. Rivera-Berrios 673 So. 2d 12 · SC85248 · Florida Supreme Court 1996

    This opinion cites § 63.072 1 time, the section generally

    · cited by 31 in all courts

    …terminated, then only the consent of the licensed child-placing agency handling the adoption is required. [1] Id.; see also § 39.47(1), Fla.Stat. (1991); § 63.072(2), Fla.Stat. (1991). Thus, the Legislature has determined that one whose parental rights have been terminated does not have a sufficient interest in the matter…

25. In re Adoption of Baby E.A.W. 658 So. 2d 961 · SC84819 · Florida Supreme Court 1995

    This opinion cites § 63.072 1 time, the section generally

    · cited by 97 in all courts

    …the child and, ultimately, whether she was available for adoption. Without abandonment, G.W.B.'s consent was required for Baby E.A.W.'s adoption. See § 63.072(1), Fla. Stat. (1991). The trial court initially found no abandonment, but reversed its decision on rehearing. On appeal, a three-judge panel of the Fourth…

26. G.W.B. v. J.S.W. 658 So. 2d 961 · SC84819-2 · Florida Supreme Court 1995

    This opinion cites § 63.072 1 time, the section generally

    · cited by 12 in all courts

    …the child and, ultimately, whether she was available for adoption. Without abandonment, G.W.B.⅛ consent was required for Baby EAW.’s adoption. See § 63.072(1), Fla.Stat. (1991). The trial court initially found no abandonment, but reversed its decision on rehearing. On appeal, a three-judge panel of the Fourth…

27. Roe v. Doe 524 So. 2d 1037 · DCA87-1277 · District Court of Appeal 1988

    This opinion cites § 63.072 1 time, the section generally

    · cited by 1 in all courts

    …OF HER NEEDS, BE A BASIS FOR A TRIAL COURT TO EXCUSE HIS CONSENT TO THE ADOPTION OF THE CHILD, ON THE GROUNDS OF ABANDONMENT OR ESTOPPEL, PURSUANT TO SECTION 63.072(1), FLORIDA STATUTES (1985). Accordingly, we reverse the judgment of adoption in this case and certify the above question as one needing clarification by our…

28. Webb v. Blancett 473 So. 2d 1376 · 5D84-1241 · 5th DCA 1985

    This opinion cites § 63.072 1 time, the section generally

    · cited by 9 in all courts

    …natural father formally consented. Lack of consent may be excused by the court if the court finds that the non-consenting parent has "abandoned the child." § 63.072(1), Fla. Stat. (1983). There are other grounds for excusing consent, but "abandonment" is the only basis on which the court could excuse the mother's lack of…

29. In Interest of K.A.F. 442 So. 2d 365 · 5D81-1354 · 5th DCA 1983

    This opinion cites § 63.072 1 time, the section generally

    · cited by 18 in all courts

    …permanently forego [relinquish] all parental rights" as was held in Hinkle to be required for an unconsented adoption based on abandonment under section 63.072(1), Florida Statutes (1981). This in effect was a holding that, constitutionally, parental rights cannot be forfeited [1] by the state because a natural parent…

30. In re Adoption of Serpe 395 So. 2d 1240 · DCA80-1179 · District Court of Appeal 1981

    This opinion cites § 63.072 1 time, the section generally

    · cited by 2 in all courts

    …unless it is demonstrated that the parent has abandoned the child. In re the Adoption of Noble, 349 So.2d 1215 (Fla. 4th DCA 1977). Also see Section 63.072(1), Florida Statutes (1979). It is not enough to demonstrate that the adoption would be in the best interests of the child. Noble, supra. In Noble, we…

31. In Interest of D.A.H. 390 So. 2d 379 · 5D79-122/T4-372 · 5th DCA 1980

    This opinion cites § 63.072 1 time, the section generally

    · cited by 15 in all courts

    …(7); and if the court finds that it is manifestly to the best interest of the child to do so. [2] § 39.01(1) and (27), Fla. Stat. (Supp. 1978). [3] § 63.072, Fla. Stat. (1977). [4] In the Interest of P.S., R.S., and R.S. v. State, No. 79-423/T4422 (Fla.5th DCA, April 23, 1980).

32. In re Adoption of Mullenix 359 So. 2d 65 · 1DFF-321 · 1st DCA 1978

    This opinion cites § 63.072 1 time, the section generally

    · cited by 9 in all courts

    …1975) does not require appellant's consent on the state of the record in this case. We are not, therefore, concerned with waiver of consent, viz: F.S. 63.072, Florida Statutes 1975. (See Turner v. Adoption of Turner, supra) We conclude, therefore, that the learned trial judge did not err in applying the "best…

33. Amendments to the Florida Family Law Rules of Procedure & Family Law Forms 810 So. 2d 1 · SC99-2 · Florida Supreme Court 2000

    Rule amendment This opinion cites § 63.072 2 times, the section generally

    · cited by 54 in all courts

    …may choose not to require consent to an adoption in some circumstances. For more information about situations where consent may not be required, see section 63.072, Florida Statutes. When you have filed all of the required forms and met the requirements for- consent as outlined above, you are ready to set a hearing on…

34. Amendments to Florida Supreme Court Approved Family Law Forms—Stepparent Adoption Forms 821 So. 2d 263 · SC02-516 · Florida Supreme Court 2002

    Rule amendment This opinion cites § 63.072 1 time, the section generally

    · cited by 1 in all courts

    …may choose not to require consent to an adoption in some circumstances. For more information about situations where consent may not be required, see section 63.072, Florida Statutes. When you have filed all of the required forms and met the requirements for consent as outlined above, you are ready to set a hearing on…

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