Dependency Law Finder

1. Department of Children & Families v. Adoption of X.X.G. 45 So. 3d 79 · 3D08-3044 · 3rd DCA 2010

   Affirmed This opinion cites § 63.142 4 times: (4)

   · cited by 12 in all courts

   Florida's ban on adoption by gay people (s. 63.042(3)) has no rational basis; the foster father's adoption of two boys from foster care is affirmed.

   …If the trial judge concludes that the adoption is in the best interest of the person to be adopted, the Court enters the judgment of adoption. Id. § 63.142(4). [7] Simply put, the statute calls for an individual, case-by-case evaluation to determine if the proposed adoption is in the best interest of the child.…

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

   This opinion cites § 63.142 2 times: (4)

   · cited by 5 in all courts

   …was valid, it should have then determined, in the same proceeding, whether Child should be adopted by Grandmother. § 63.087(3), Fla. Stat. (2013). Section 63.142(4), Florida Statutes (2013), concerning the procedures for determining whether a child should be adopted following a termination of parental rights, provides, in…

3. L.R. v. Department of Children & Families 822 So. 2d 527 · 4D01-3289 · 4th DCA 2002

   Reversed & remanded This opinion cites § 63.142 2 times: (4)

   · cited by 9 in all courts

   Dismissal of the grandparents' adoption petition reversed: they did not waive statutory priority and have standing to be heard on adoptive placement; one dissent.

   …court, which shall only enter a decree of adoption upon finding a particular adoptive placement is in the "best interest" of the child to be adopted. See § 63.142(4), Fla. Stat. (2001). Still, we are mindful there appears to be some inherent tension between Chapter 39, Part XI (Termination of Parental Rights) and Chapter…

4. In re C.T.D. 623 So. 2d 834 · DCA92-2394 · District Court of Appeal 1993

   This opinion cites § 63.142 2 times: (3)(a), (4)

   · cited by 2 in all courts

   …Thus, the denial was based on the failure to join an indispensable party, a defect which could have been cured by the amendment of the petition. Section 63.142(3)(a) and (4), Florida Statutes, requires the court to dismiss the petition or enter the judgment for adoption. Cf. In re Adoption of Stinebaker, 382 So.2d…

5. Stillaguamish Tribe of Indians v. D.D. 1D2026-0482 · 1st DCA 2026

   Reversed & remanded This opinion cites § 63.142 1 time: (4)

   Order denying the tribe's post-judgment motion to intervene reversed because ICWA lets a tribe intervene at any point before the termination judgment is final.

   …adoption is suspended while the appeal is pending, but the child shall continue in an out-of-home placement under the order until the appeal is decided.”); § 63.142(4), Fla. Stat. (2025) (“At the conclusion of the hearing, after the court determines that the date for a parent to file an appeal of a valid judgment terminating…

6. G.S. v. T.B. 969 So. 2d 1049 · 1D06-5264 · 1st DCA 2007

   This opinion cites § 63.142 1 time: (4)

   · cited by 3 in all courts

   …of Appellate Procedure, is pending and that the adoption is in the best interest of the person to be adopted, a judgment of adoption shall be entered. § 63.142(4), Fla. Stat., (2006). We conclude from these provisions that in adoption proceedings, the legislature vested broad discretion in the trial courts of this…

7. D.R. v. Department of Children & Family Services 963 So. 2d 746 · 3D06-975 · 3rd DCA 2007

   This opinion cites § 63.142 1 time: (4)

   …932 So.2d 1195 (Fla. 1st DCA 2006), and substantial, competent evidence as to the best interests of the child, see §§ 39.621(3), 39.812(4)-(5), 63.022(2), 63.142(4), Fla. Stat. (2005); B.Y. v. Dep’t of Children & Families, 887 So.2d 1253 (Fla.2004), we find neither error nor abuse of discretion. Affirmed.

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

   This opinion cites § 63.142 1 time: (4)

   · cited by 1 in all courts

   …the termination of rights order, the trial court was not precluded from making a finding to such effect following the hearing on appellant's motions. Section 63.142(4), Florida Statutes (2005), provides that a judgment of termination on which the later judgment of adoption is based is voidable, not void, if it is found by…

9. A.D. v. M.D.M. 920 So. 2d 857 · 4D05-2935 · 4th DCA 2006

   This opinion cites § 63.142 1 time: (4)

   · cited by 2 in all courts

   …a Catch-22. M.D.M. claims that fraud was committed in the termination of his parental rights and seeks relief from judgment, allowed pursuant to section 63.142(4), Florida Statutes, which must be done within one year from judgment. However, he was prevented from filing a motion because he did not have the case number of…

10. Behrens v. Regier 422 F.3d 1255 · CA11-04-14820 · 11th Cir. 2005

    Affirmed This opinion cites § 63.142 1 time: (4)

    · cited by 64 in all courts

    Dismissal affirmed: a father listed by DCF as a verified child abuser alleged no stigma-plus liberty interest, and there is no fundamental right to adopt.

    …ultimately approve adoptions, the discretionary authority to make a decision in the child’s best interests. See Fla. Stat. Ann. §§ 63.022(2), 63.125(1), 63.142(4). Florida law does not place any substantive limitations on the exercise of this discretion with respect to the placement of an unrelated child in an…

11. B.Y. v. Department of Children & Families 887 So. 2d 1253 · SC04-258 · Florida Supreme Court 2004

    Reversed This opinion cites § 63.142 1 time: (4)

    · cited by 56 in all courts

    Supreme Court quashed the district court: a trial court may finalize a relative's adoption without DCF consent when DCF unreasonably withholds it.

    … (Fla.1989) (stating that the best interest of the child in adoption proceedings is the paramount consideration); see also, §§ 63.022(2)( l ), 63.122(5), 63.142(4), Fla. Stat. (2002). This duty exists during the dependency proceedings, and continues through the adoption proceedings. See B.B. v. Dep't of Children &…

12. H.L. ex rel. A.W. v. Department of Children & Families 718 So. 2d 236 · DCA98-02173 · District Court of Appeal 1998

    This opinion cites § 63.142 1 time: (3)(a)

    …court.” A trial court in an adoption proceeding is required to determine the person who is to have custody of the child if the petition is dismissed. See § 63.142(3)(a), Fla. Stat. (1997). In this case, the trial court granted temporary custody to the maternal grandparents while continuing the proceeding to make a final…

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

    This opinion cites § 63.142 1 time, the section generally

    · cited by 26 in all courts

    …to discuss those factors which are not relevant in determining whether a nonconsenting parent's rights should be terminated in an adoption proceeding. Section 63.142 permits the entry of a judgment of adoption when the trial judge determines that all necessary consents have been obtained and that the adoption is in the…

14. 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 § 63.142 1 time, the section generally

    · cited by 2 in all courts

    …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, including sections 63.053, 63.054, and 63.064,…

15. 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 § 63.142 1 time, the section generally

    · cited by 1 in all courts

    PER CURIAM. The 2001 Florida Legislature enacted new adoption laws, sections 63.022-.039, 63.0425-.0427, 63.052-.132, 63.142, 63.162-.165, 63.202-.219, 63.2325, 63.235, Florida Statutes (2001), which became effective October 1, 2001. See ch.2001-3, §§ 6-33, 37, Laws of Fla. …

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