Stepparent Adoption - where to file?

[BL_DAD]

What is the name of your state (only U.S. law)? Florida

Good evening.

In 2008, my daughters' biological mother's parental rights were terminated by the same court in Louisiana that granted me sole custody a few years prior. The TPR was involuntary, but wasn't contested (Mom never showed up for court even though the sheriff's office properly served her).

At the time of the TPR, my then-fiancee was unable to adopt them, obviously. Now, we are married and my wife meets the legal requirements to adopt them. She has been raising them with me for over 4 years now, so I don't foresee the court having any problem with her adopting them.

My question is, which state do we file in? We were under the impression that since we (me, my wife and my kids) are all Florida residents now, we should file here. But, the original custody and TPR cases were in Louisiana, although none of us are legal residents of Louisiana anymore. So who has jurisdiction?

Thank you.

 

[Banned_Princess]

What is the name of your state (only U.S. law)? Florida

Good evening.

In 2008, my daughters' biological mother's parental rights were terminated by the same court in Louisiana that granted me sole custody a few years prior. The TPR was involuntary, but wasn't contested (Mom never showed up for court even though the sheriff's office properly served her).

At the time of the TPR, my then-fiancee was unable to adopt them, obviously. Now, we are married and my wife meets the legal requirements to adopt them. She has been raising them with me for over 4 years now, so I don't foresee the court having any problem with her adopting them.

My question is, which state do we file in? We were under the impression that since we (me, my wife and my kids) are all Florida residents now, we should file here. But, the original custody and TPR cases were in Louisiana, although none of us are legal residents of Louisiana anymore. So who has jurisdiction?

Thank you.

Louisiana.

dont forget to have a lawyer do this for you.

 

[ecmst12]

I'm not sure that's true. Talk to a lawyer in your state first.

 

[ErinGoBragh]

I'm not sure that's true. Talk to a lawyer in your state first.

Yeah.. wouldn't FL have jurisdiction, even if the original orders were issued in LA, if they are now residents?????

 

[Proserpina]

Yeah.. wouldn't FL have jurisdiction, even if the original orders were issued in LA, if they are now residents?????

FL would likely have jurisdiction, yeap.

 

[ErinGoBragh]

FL would likely have jurisdiction, yeap.

That's what I thought.

 

[mistoffolees]

FL would likely have jurisdiction, yeap.

Yes. However, the advice to see an attorney first is really important. Aside from the fact that adoption isn't a DIY project, in this case, the attorney may decide that it makes sense to first have LA give up jurisdiction to FL before filing for the adoption. It may not be necessary if there are no ties to LA, but OP should make sure. (I'm not sure if it matters that the original case was TPR).

 

[SESmama]

LA gives it to FL you mean?

 

[mistoffolees]

LA gives it to FL you mean?

Yes. I typed too fast. Fixed. Thanks.

 

[ecmst12]

I would expect FL to have jurisdiction as well but they will definitely at bare minimum need proof that TPR was done and completed and final in another state before agreeing that bio mom doesn't need to be served and can't object...the case will probably NOT be as simple as OP seems to think it is (as if they ever are).

 

[mistoffolees]

I would expect FL to have jurisdiction as well but they will definitely at bare minimum need proof that TPR was done and completed and final in another state before agreeing that bio mom doesn't need to be served and can't object...the case will probably NOT be as simple as OP seems to think it is (as if they ever are).

That was really my point. I could picture a scenario where the parent whose rights were terminated still lives in LA and might still raise a stink. Not that they could win, but it could be messy.

I really think an attorney should be consulted - and do whatever they say.

Now, I HOPE it would be simple and straightforward, but I wouldn't want to plan for that.

 

[haiku]

Florida definitly has jurisdiction. That would be where the adoption would take place. That mean you would see a lawyer in Florida, This forum should just have a sticky at the top-"ALWAYS see a lawyer a first. Some things just can't be totally free. Period, end of discussion."

Now depending on what the lawyer says, would be how the OP makes the other parent aware that the adoption is pending.

 

[BL_DAD]

We will consult with an attorney; I just wanted to consult with an attorney in the appropriate state first. I will consult with an attorney here in Florida - thanks.

I realize adoptions are never DIY but there is literally no reason to notify their bio-mom of the pending adoption. I have the signed and certified copy of the judgment stating that her parental rights were terminated. If she's legally not their mother, Florida should honor what Louisiana already ruled.

Bio-mom is a drug addict with no stable housing. We're not even sure where she is, etc., so serving her with anything would be near impossible. Plus there was already an intrafamily adoption done with her oldest daughter and she has no custody of her youngest son, so I honestly don't foresee any major roadblocks.

Thanks again.

 

[mistoffolees]

I realize adoptions are never DIY but there is literally no reason to notify their bio-mom of the pending adoption. I have the signed and certified copy of the judgment stating that her parental rights were terminated. If she's legally not their mother, Florida should honor what Louisiana already ruled.

Bio-mom is a drug addict with no stable housing. We're not even sure where she is, etc., so serving her with anything would be near impossible. Plus there was already an intrafamily adoption done with her oldest daughter and she has no custody of her youngest son, so I honestly don't foresee any major roadblocks.

You're right - if Mom's parental rights were terminated, there are no longer any rights to notification. HOWEVER, ask the attorney - there may be some bizarre exceptions (not that I know of, but it's best not to take anything for granted in an adoption case).

 

[haiku]

Exactly.

We are also careful, because there have been many times on this forum when a parent confuses getting sole custody, with a parental rights termination. Which are two different things.