Dependency Law Finder

1. The Florida Bar v. Dove 985 So. 2d 1001 · SC05-302 · Florida Supreme Court 2008

   This opinion cites § 63.087 10 times: (4), (4)(a), (4)(a)1., (6), (6)(e), (6)(f)8., and the section generally

   · cited by 3 in all courts

   …file an affidavit from either the biological father or the purported "legal father" that would allow a termination of parental rights as required by section 63.087(6)(e), Florida Statutes (2002). On July 26, 2002, Dove filed a notice of petition and hearing to terminate parental rights pending the adoption, purportedly…

2. A.M. v. D.S. 1D19-1855 · 1st DCA 2021

   Reversed & remanded This opinion cites § 63.087 5 times: (3), (4)(c), (6), and the section generally

   Termination and permanent guardianship reversed because a Chapter 63 adoption-related case was decided under Chapter 39 without notice, violating the father's due process.

   …rights “pending adoption,” and indicating that a “judgment terminating parental rights pending adoption legally frees the child for subsequent adoption”); § 63.087(3), Fla. Stat. (providing that a “petition for adoption may not be filed until after the date the court enters the judgment terminating parental rights pending…

3. In re Adoption of K.A.G. 152 So. 3d 1271 · 5D14-2751 · 5th DCA 2014

   This opinion cites § 63.087 5 times: (3), and the section generally

   · cited by 5 in all courts

   …Grandmother petitioned to adopt Child and to terminate Father’s parental rights. 1 Grandmother complied with the statutory requirements under section 63.087, Florida Statutes (2013), for an adoption by a relative pending termination of parental rights. In response, Aunt filed a counter-petition for adoption in…

4. Heart of Adoptions, Inc. v. J.A. 963 So. 2d 189 · SC07-738 · Florida Supreme Court 2007

   This opinion cites § 63.087 4 times: (2)(a)3., (5), and the section generally

   · cited by 114 in all courts

   …J.A. of the statutory Registry requirement. On August 8, 2005, HOA filed a petition for termination of parental rights against J.A. Pursuant to section 63.087, Florida Statutes (2005), HOA served J.A. with a summons, notice of petition, and notice of hearing in order to terminate his parental rights pending…

5. D.M. v. Berkowitz 112 So. 3d 575 · 4D13-3 · 4th DCA 2013

   This opinion cites § 63.087 3 times: (6), (6)(b), and the section generally

   …the documents being used against him to terminate his parental rights.” The petition for termination of the father’s rights was filed pursuant to section 63.087, Florida Statutes. That section requires an answer and appearance in accordance with the Florida Rules of Family Procedure. § 63.087(6), Fla. Stat. Further,…

6. In re Baby R.P.S. 942 So. 2d 906 · 2D05-2582 · 2nd DCA 2006

   This opinion cites § 63.087 3 times: (5), and the section generally

   · cited by 1 in all courts

   …of the facts. [1] Heart of Adoptions, Inc. ("the Agency"), filed a petition to terminate J.C.J.'s parental rights pending adoption pursuant to section 63.087. The trial court found that J.C.J.'s consent to adoption was not required here pursuant to section 63.062 because J.C.J. had failed to comply with section…

7. J.C.J. v. Heart of Adoptions, Inc. 942 So. 2d 906 · 2D05-2582-2 · 2nd DCA 2006

   This opinion cites § 63.087 3 times: (5), and the section generally

   · cited by 6 in all courts

   …of the facts. 1 Heart of Adoptions, Inc. (“the Agency”), filed a petition to terminate J.C.J.’s parental rights pending adoption pursuant to section 63.087. The trial court found that J.C.J.’s consent to adoption was not required here pursuant to section 63.062 because J.C.J. had failed to comply with section…

8. Heart of Adoptions v. Department of Children & Families 2D22-2496 · 2nd DCA 2023

   Certiorari / writ denied This opinion cites § 63.087 2 times: (4), (4)(b)

   Adoption agency's non-final appeal treated as certiorari and denied; court properly refused to move the child to its chosen prospective adoptive family.

   …parent it represents. Because the consent remains valid, Heart of Adoptions could later file a petition to terminate parental rights pending adoption. See §§ 63.087(4), .089. Heart of Adoptions could also file a petition for adoption on behalf of the prospective adoptive parents who retained its services after resolution of…

9. S.C. v. Gift of Life Adoptions 100 So. 3d 774 · 2D12-1757 · 2nd DCA 2012

   This opinion cites § 63.087 2 times: (5), (6)

   · cited by 2 in all courts

   …would enjoy. The statutory definition of a party to a termination proceeding limits the status to one whose consent for adoption is required under section 63.087(5) and (6). But under *776 section 63.062(2)(d), an unmarried biological father waives the right to give or withhold consent to adoption by failing to file with…

10. In re Adoption of Baby A. 944 So. 2d 380 · 2D05-3614 · 2nd DCA 2006

    This opinion cites § 63.087 2 times: (4), and the section generally

    · cited by 6 in all courts

    …an order terminating his parental rights, which was entered in a private adoption proceeding initiated by Gift of Life Adoptions, Inc., pursuant to section 63.087, Florida Statutes (2004). He also appeals an order dismissing as moot his complaint to determine parentage under chapter 742, Florida Statutes (2004). This…

11. B.B. v. P.J.M. 933 So. 2d 57 · 1D05-0510 · 1st DCA 2006

    Reversed & remanded This opinion cites § 63.087 2 times, the section generally

    · cited by 3 in all courts

    Adoption by grandparents reversed over a dissent: the unmarried father was established as the father through the dependency proceeding, so his consent was required.

    …but before issuance of the resulting order, appellees filed, under the dependency action case number, their Petition for Family Adoption pursuant to section 63.087, Florida Statutes (2004). The petition specifically alleged that B.B.'s consent to the proposed adoption was not required as he had failed to comply with the…

12. C.D.F. v. D.R. 2D21-0652 · 2nd DCA 2022

    Reversed & remanded This opinion cites § 63.087 1 time: (6)

    Dismissal of the permanent guardians' Chapter 63 termination petition was reversed because the dependency court's retained jurisdiction did not oust the domestic relations division.

    …her behalf. We have removed her as an appellee. 5 Florida Family Law Rules of Procedure apply to those proceedings. See § 63.087(6). Despite these differences, all circuit court judges have jurisdiction to hear both types of TPR proceedings. See Adoption Miracles, LLC v. S.C.W.,…

13. T.R.-B. v. Department of Children & Families 3D21-1716 · 3rd DCA 2022

    Reversed This opinion cites § 63.087 1 time, the section generally

    Denial of the grandmother's motion to intervene reversed; as long-time caregiver seeking adoption she had a direct interest and needed party status.

    …at the May 18, 2021 hearing, the trial court found that adoption proceedings initiated under Chapter 39 are exempt from the jurisdiction of section 63.087, as that section dealt with the termination of parental rights pending adoption, which was not the case here. The court found that section 39.812(5)…

14. M.M. v. K.P. 2D16-4982 · 2nd DCA 2017

    This opinion cites § 63.087 1 time, the section generally

    …the hearing. The summons recited the hearing judge's name and phone number and concluded with this warning written in all-caps: Under sections 63.087 and 63.089, Florida Statutes, failure to timely file a written response to this notice and the petition with the court and to…

15. M.M. v. K.P. 228 So. 3d 718 · 2D16-4982-2 · 2nd DCA 2017

    This opinion cites § 63.087 1 time, the section generally

    · cited by 2 in all courts

    …to . attend the hearing. The summons recited the hearing judge’s name and phone number and concluded with this warning written in all-caps: Under sections 63.087 and 63.089, Florida Statutes, failure to timely file a written response to this notice and the petition with the court and to personally appear at this…

16. N.A.G. v. J.L.G. 2D16-1441 · 2nd DCA 2016

    This opinion cites § 63.087 1 time: (4)

    … Chapter 63 allows a parent or person having physical custody of a child to seek termination of parental rights and subsequently adopt the child. See § 63.087(4); see also V.C.B. v. Shakir, 145 So. 3d 967, 968 (Fla. 4th DCA 2014). If a parent does not consent to the termination, the court may enter a judgment…

17. N.A.G. v. J.L.G. 198 So. 3d 1025 · 2D16-1441-2 · 2nd DCA 2016

    This opinion cites § 63.087 1 time: (4)

    · cited by 2 in all courts

    … Chapter 63 allows a parent or person having physical custody of a child to seek termination of parental rights and subsequently adopt the-child. See § 63.087(4); see also V.C.B, v. Shakir, 145 So.3d 967, 968 (Fla. 4th DCA 2014). If a parent does not consent to the termination, the court may enter a judgment…

18. V.C.B. v. Shakir 145 So. 3d 967 · 4D14-1292 · 4th DCA 2014

    This opinion cites § 63.087 1 time: (3)

    · cited by 3 in all courts

    …grant the petition, but concluded the law would not support termination. 2 adopt a child in the same petition. § 63.087(3), Fla. Stat. (2014). If a duly executed consent by a parent is not filed with the court, notice of the proceedings must be given to the parent. §…

19. Slowinski v. Sweeney 117 So. 3d 73 · 1D12-3925 · 1st DCA 2013

    This opinion cites § 63.087 1 time, the section generally

    · cited by 3 in all courts

    …the attendant responsibilities of support were never terminated under any of the applicable legal procedures. §§ 39.801, et seq., Fla. Stat.; see also §§ 63.087, 742.18, Fla. Stat. Upon the mother’s death in September 2008, the child’s maternal grandmother filed her petition for temporary custody, pursuant to…

20. Y.M. v. Home At Last Adoption Agency 93 So. 3d 1112 · 5D12-264 · 5th DCA 2012

    This opinion cites § 63.087 1 time: (4)

    · cited by 2 in all courts

    …in part. TORPY, LAWSON and COHEN, JJ., concur. . The Florida Adoption Act, chapter 63, Florida Statutes, involves private adoptions. Pursuant to section 63.087(4), a petition to terminate parental rights pending adoption may be initiated by an adoption entity if certain conditions are met. . The statute has been…

21. D.S. v. J.L. 18 So. 3d 1103 · 1D09-1233 · 1st DCA 2009

    This opinion cites § 63.087 1 time: (4)

    …has lived ever since. On October 7, 2008, with the birth mother's consent, Appellee filed a Petition for Termination of Parental Rights, pursuant to section 63.087(4), Florida Statutes (2008). Appellee alleged that Appellant's consent to the adoption of his child was not required because he was an "unmarried biological…

22. D.S. v. J.L. 18 So. 3d 1103 · 1D09-1233-2 · 1st DCA 2009

    This opinion cites § 63.087 1 time: (4)

    · cited by 3 in all courts

    …has lived ever since. On October 7, 2008, with the birth mother’s consent, Appellee filed a Petition for Termination of Parental Rights, pursuant to section 63.087(4), Florida Statutes (2008). Appellee alleged that Appellant’s consent to the adoption of his child was not required because he was an “unmarried biological…

23. mmf/adoption Entity v. K.O. 4 So. 3d 39 · 1D08-5131 · 1st DCA 2009

    This opinion cites § 63.087 1 time: (2)(b)

    …consent is required for the adoption, "unless the objecting parent has previously executed a waiver of venue." § 63.062(9), Fla. Stat. Further, under section 63.087(2)(b), Florida Statutes, the affected parent must first object to the selected venue before a court may hold a hearing to determine the affected parent's arguments…

24. S.D.T. v. Bundle of Hope Ministries, Inc. 949 So. 2d 1132 · 1D06-2137 · 1st DCA 2007

    This opinion cites § 63.087 1 time: (4)(a)3.

    · cited by 1 in all courts

    …for further proceedings. Accordingly, I respectfully dissent. NOTES [1] The petition states in part: 3. Venue is proper in Duval County pursuant to § 63.087(4)(a)(3), Fla. Stat., as the location of the Adoption Entity is in said county and the birth mother has waived venue. The child is less than six (6) months old. *…

25. Department of Children & Family Services v. P.S. 932 So. 2d 1195 · 1D05-4421 · 1st DCA 2006

    Reversed & remanded This opinion cites § 63.087 1 time, the section generally

    · cited by 6 in all courts

    Adoption by an out-of-state grandmother reversed because the court skipped DCF's consent, an unreasonably-withheld finding, and the required favorable preliminary adoptive home study.

    …requirements for the adoption entity provided in s. 63.085; general provisions governing termination of parental rights pending adoption provided in s. 63.087; notice and service provisions governing termination of parental rights pending adoption provided in s. 63.088; and procedures for terminating parental rights…

26. In re S.N.W. 912 So. 2d 368 · 2D05-996 · 2nd DCA 2005

    Reversed & remanded This opinion cites § 63.087 1 time, the section generally

    Reversed: the adoption agency could intervene in the dependency case, and the mother's adoption consent could not be set aside without notice and fraud proof.

    … Prior to the adjudicatory hearing in the dependency proceeding, Adoption Miracles filed a petition to terminate parental rights pending adoption. See § 63.087, Fla. Stat. (2004). The petition was not filed within the dependency proceeding, although it disclosed that there was a pending dependency action in the…

27. Adoption Miracles, LLC v. S.C.W. 912 So. 2d 368 · 2D05-996-2 · 2nd DCA 2005

    Reversed & remanded This opinion cites § 63.087 1 time, the section generally

    · cited by 27 in all courts

    Reversed: the adoption agency could intervene in the dependency case, and the mother's adoption consent could not be set aside without notice and fraud proof.

    … Prior to the adjudicatory hearing in the dependency proceeding, Adoption Miracles filed a petition to terminate parental rights pending adoption. See § 63.087, Fla. Stat. (2004). The petition was not filed within the dependency proceeding, although it disclosed that there was a pending dependency action in the…

28. S.K.R. v. Department of Children & Family Services 902 So. 2d 328 · 2D04-1704 · 2nd DCA 2005

    Reversed & remanded This opinion cites § 63.087 1 time, the section generally

    · cited by 3 in all courts

    Termination reversed because the mother's husband, the legal father, had standing to contest it and his consent was required.

    …63.062’s requirements are incorporated into the general provisions governing the proceeding to terminate parental rights pending adoption set out in section 63.087. It appears that the trial court overlooked section 63.062’s requirements by which the Legal Father’s consent was required. Additionally, the trial court’s…

29. C.S. v. I.V. 899 So. 2d 444 · 4D04-2576 · 4th DCA 2005

    This opinion cites § 63.087 1 time: (4)(b)

    … KLEIN and GROSS, JJ., concur. . "The [adoption] petition may be filed by a parent or person having physical custody of the minor child.” See § 63.087(4)(b), Fla. Stat. (2003) (emphasis added). . C.S. mistakenly believed the twenty days given by the trial court to amend the petition tolled the appeal time. …

30. Amendments to Florida Supreme Court Approved FamiLy Law Forms—Stepparent Adoption Forms 870 So. 2d 791 · SC04-104 · Florida Supreme Court 2004

    Rule amendment This opinion cites § 63.087 2 times: (5), and the section generally

    · cited by 2 in all courts

    PER CURIAM. The 2003 Florida Legislature amended numerous statutes related to adoption, in- *792 eluding sections 63.022, 63.062, 63.082, 63.085, 63.087- 089, 63.102, 63.112, 63.122, 63.132, 63.142, and 63.182, Florida Statutes (2002). The 2003 Florida Legislature also created new laws related to adoption,…

31. In re Amendments To Florida Family Law Rules Of Procedure – Forms 12.900(h) and 12.928 SC2024-0072CORRECTED(2) · Florida Supreme Court 2024

    Rule amendment This opinion cites § 63.087 1 time, the section generally

    …of parental status pursuant to Florida Statutes section 742.16, termination of parental rights proceedings pursuant to Florida Statutes section 63.087, declaratory judgment actions related to premarital, marital, post-marital agreements, or other matters not included in the categories above. …

32. In re Amendments to Florida Family Law Rules of Procedure - Forms 12.900(h) and 12.928 SC2024-0072-3 · Florida Supreme Court 2024

    Rule amendment This opinion cites § 63.087 1 time, the section generally

    …of parental status pursuant to Florida Statutes section 742.16, termination of parental rights proceedings pursuant to Florida Statutes section 63.087, declaratory judgment actions related to premarital, marital, post-marital agreements, or other matters not included in the categories above. …

33. In re Amendments to Florida Family Law Rules of Procedure - Forms 12.900(h) and 12.928 SC2024-0072-2 · Florida Supreme Court 2024

    Rule amendment This opinion cites § 63.087 1 time, the section generally

    …of parental status pursuant to Florida Statutes section 742.16, termination of parental rights proceedings pursuant to Florida Statutes section 63.087, declaratory judgment actions related to premarital, marital, post-marital agreements, or other matters not included in the categories above. …

34. In re Amendments to the Florida Rules of Civil Procedure, Florida Rules of General Practice and Judicial Administration, Florida Rules of Criminal Procedure, Florida Probate Rules, Florida Rules of Traffic Court, Florida Small Claims Rules, Florida Rules of Juvenile Procedure, Florida Rules of Appellate Procedure, and Florida Family Law Rules of Procedure SC21-1049 · Florida Supreme Court 2021

    Rule amendment This opinion cites § 63.087 1 time, the section generally

    …of parental status pursuant to Florida Statutes section 742.16, termination of parental rights proceedings pursuant to Florida Statutes section 63.087, declaratory judgment actions related to premarital, marital, post-marital agreements, or other matters not included in the categories above. …

35. In re Amendments to the Florida Family Law Rules of Procedure - 2020 Regular-Cycle Report SC20-162 · Florida Supreme Court 2020

    Rule amendment This opinion cites § 63.087 1 time, the section generally

    …of parental status pursuant to Florida Statutes section 742.16, termination of parental rights proceedings pursuant to Florida Statutes section 63.087, declaratory judgment actions related to premarital, marital, post-marital agreements, or other matters not included in the categories above. …

36. In re Amendments to the Florida Family Law Rules of Procedure 126 So. 3d 228 · SC12-1205 · Florida Supreme Court 2013

    Rule amendment This opinion cites § 63.087 1 time, the section generally

    …affirmation of parental status pursuant to Florida Statutes section 742.16, termination of parental rights proceedings pursuant to Florida Statutes section 63.087, declaratory judgment actions related to premarital, marital, post-marital agreements, or other matters not included in the categories above. (M) Adoption…

37. In re Amendments to the Florida Rules of Civil Procedure-Management of Cases Involving Complex Litigation 30 So. 3d 477 · SC08-1141-2 · Florida Supreme Court 2009

    Rule amendment This opinion cites § 63.087 1 time, the section generally

    · cited by 2 in all courts

    …affirmation of parental status pursuant to Florida Statutes section 742.16, termination of parental rights proceedings pursuant to Florida Statutes section 63.087, declaratory judgment actions related to premarital, marital, post-marital agreements, or other matters not included in the categories above. *489 …

38. Amendments to the Florida Family Law Rules of Procedure 833 So. 2d 682 · SC02-377-2 · Florida Supreme Court 2002

    Rule amendment This opinion cites § 63.087 1 time, the section generally

    …Rule 12.200 was amended to reflect statutory changes to the Florida Adoption Act. See ch.2001-3, §§ 13, 16-17, 20, 31, Laws of Fla. (amending §§ 63.062, 63.087, 63.088, 63.097, and 63.212, Fla. Stat. (2000)). The amendments to Florida Family Law Rules of Procedure Form 12.902(e) were made to reflect statutory changes…

39. Amendments to the Florida Family Law Rules of Procedure 824 So. 2d 95 · SC02-377 · Florida Supreme Court 2002

    Rule amendment This opinion cites § 63.087 1 time, the section generally

    · cited by 1 in all courts

    …to the Florida Adoption Act, some of which require amendments to rule 12.200. See ch.2001-3, §§ 13, 16-17, 20, 31, Laws of Fla. (amending §§ 63.062, 63.087, 63.088, 63.097, and 63.212, Fla. Stat. (2001)). The Rules Committee filed the instant petition on an out-of-cycle basis because the statutory revisions…

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