Fill and Sign the Florida Supreme Court Approved Family Law Form 12981a1

Instructions for Florida Supreme Court Approved Family Law Form 12.981(b)(1), Joint Petition for Adoption by Stepparent (11/15) INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.981(b)(1), JOINT PETITION FOR ADOPTION BY STEPPARENT (11/15) When should this form be used? This form should be used when a stepparent is adopting his or her spouse’s child. Both the stepparent and his or her spouse must sign this petition. You must attach all necessary consents or acknowledgments that apply to your case, as listed under the Special Notes section below. Flori da Statutes require that consent to adoption be obtained from:  The mother of the minor.  The father of the minor if: 1. The minor was conceived or born while the father was married to the mother; 2. The minor is his child by adoption; 3. The minor has been established by a court proceeding to be his child; 4. He has filed an affidavit of paternity pursuant to section 382.013(2)(c) Florida Statutes; or 5. In the case of an unmarried biological father, he has acknowledged in writing, signed in the presence of a competent witness, that he is the father of the minor, has filed such acknowledgment with the Office of Vital Statistics of the Department of Health within the required timeframes, and has complied with the requirements of section 63.062(2), Florida Statutes. Determining whether someone’s consent is requir ed, or when consent may not be required is a complicated issue and you may wish to consult an attorney. For more information about consenting to adoption, you should refer to Chapter 63, Florida Statutes, and sections 63.062-63.082 i n particular. This form should be typed or printed in black ink. The name to be given to the child(ren) after the adoption should be used in the heading of the petition. The stepparent is the petitioner, because he or she is the one who is asking the court for legal action. After completing this for m, you and your spouse must sign it before a notary public or deputy clerk . You should then file the original and 1 copy with the clerk of the circuit court in the county where the minor resides unless the court changes the venue. IMPORTANT INFORMATION REGARDING E-FILING The Florida Rules of Judicial Administration now require that all petitions, pleadi ngs, and documents be filed electronically except in certain circumstances. Self-represented litigants may file petitions or other pleadings or documents electronically; however, they are not required to do so. If you choose to file your pleadings or documents electronically, you must do so in accorda nce with Florida Rule of Judicial Administration 2.525, and you must follow the procedures of the judici al circuit in which you file. The rules and procedures should be carefully read and followed. What should I do next? For your case to proceed, you must have the written consent of the other birth parent and the child, if Instructions for Florida Supreme Court Approved Family Law Form 12.981(b)(1), Joint Petition for Adoption by Stepparent (11/15) applicable. The court may choose not to require consent to an adoption in some circumstances. For more information about situations where consent may not be required, see secti on 63.064, Florida Statutes. If you are attempting to proceed without the consent of the other birth parent, you may wish to consult with an attorney. Section 63.054, Florida Statutes, requires that in each adoption proceeding, the Florida Putative Father Registry be searched. You will need an order from the judg e to do this, which you can request by filing a Motion for Search of the Putative Father Registry, Florida Supreme Court Approved Family Law Form 12.981(a)(6) . When you have filed all of the required forms and met the requirements as outlined above, you are ready to set a hearing on your petition. You should check with the clerk of court, family law intake staff or the judicial assistant to set a final hearing . If all persons required to consent have consented and the consents/affidavits of nonpaternity have been filed with the court, the hearing may be held immediately. If not, notice of the hearing must be given as provided by the Rules of Civil Pr ocedure. See Form 1.902, Florida Rules of Civil Procedure. If you know where the other birth parent lives, you should use personal service. If you absolutely do not know where he or she lives, you may use constructive service. In order to use constructive service you will need to complete and submit to the cou rt Stepparent Adoption: Affidavit of Diligent Search , Florida Supreme Court Approved Family Law Form 12.981(a)(4). For more information about personal and constructive service, you should refer to the “General Instructions for Self- Represented Litigants” found at the beginning of these forms and the instructions to Florida Famil y Law Rules of Procedure Forms 12.910(a) and 12.913(b) and Florida Supreme Court Approv ed Family Law Form 12.913(a). However, the law regarding constructive service is very complex and you may wish to consult an attorney regarding that issue. Where can I look for more information? Before proceeding, you should read “General Information for Self-Represented Litigants” found at the beginning of these forms. See Chapter 63, Florida Statutes, and Florida Family Law Rule 12.200(a)(2) for further information. IMPORTANT INFORMATION REGARDING E-SERVICE ELECTION After the initial service of process of the petition or supplemental petition by the Sheriff or certified process server, the Florida Rules of Judicial Administration now require that all documents requ ired or permitted to be served on the other party must be served by electronic mail (e-mail) ex cept in certain circumstances. You must strictly comply with the format requirements set forth in the Rules of Judicial Administration. If you elect to participate in electronic service, which means serving or receiving pleadings by electronic mail (e-mail), or through the Florida Courts E-Fil ing Portal, you must review Florida Rule of Judicial Administration 2.516. You may find this rule at www.flcourts.org through the link to the Rules of Judicial Administration provided under either Family Law Forms: Getting Start ed, or Rules of Court in the A-Z Topical Index. SELF-REPRESENTED LITIGANTS MAY SERVE DOCUMENTS BY E-MAIL; HOWEVER, THEY ARE NOT REQUIRED TO DO SO. If a self-represented litigant elects to serve and receive documents by e-mail, the procedures must always be followed once the initial election is made. To serve and receive documents by e-mail, you must designate your e-mail ad dresses by using the Designation of Current Mailing and E-mail Address , Florida Supreme Court Approved Family Law Form 12.915, and you must provide your e-mail address on each form on which your signature appears. Instructions for Florida Supreme Court Approved Family Law Form 12.981(b)(1), Joint Petition for Adoption by Stepparent (11/15) Please CAREFULLY read the rules and instructions for: Certificate of Service (General), Florida Supreme Court Approved Family Law Form 12.914; Designation of Current Mailing and E-mail Address , Florida Supreme Court Approved Family Law Form 12.915; and Florida Rule of Judicial Administration 2.516. Special notes... With this petition you must file the following:  Consent form executed by the birth parent, Stepparent Adoption : Consent and Waiver by Parent, Florida Supreme Court Approved Family Law Form 12.981(a)(1) or Stepparent Adoption : Affidavit of Nonpaternity, Florida Supreme Court Approved Family Law Form 12.981(a)(3).  If any person whose consent is required is deceased, a certified copy of the death certificate must be attached to this Petition.  Consent form executed by the minor child(ren), if the child(ren) is/are over 12 years of age, Stepparent Adoption: Consent of Adoptee, Florida Supreme Court Approved Family Law Form 12.981(a)(2) . The court can excuse filing of this form under certain circumstances.  Certified copy of the child(ren)’s birth certificate.  Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affi davit, Florida Supreme Court Approved Family Law Form 12.902(d).  If applicable, Stepparent Adoption: Motion for Search of the Putative Father Re gistry, Florida Supreme Court Approved Family Law Form 12.981(a)(6). These family law forms contain a Final Judgment of Stepparent Adoption , Florida Supreme Court Approved Family Law Form 12.981(b)(2), which the judge may use. You shoul d check with the clerk, family law intake staff, or judicial assistant to see if you need to bring a final judgment form with you to the hearing. If so, you should type or print the heading, including the circuit, county case number, division, and the child(ren)’s names, and leave the rest blank for the judge to complete at your hearing. You should decide how many certified copies of the final judgment you will need and be prepared to obtain them after the hearing. There is a charge for certified copies, and the clerk can tell you how much. The file will be sealed after the final hearing, and then it will take an order from a jud ge to open the file and obtain a copy of the final judgment. AN ADOPTIVE STEPPARENT WILL CONTINUE TO HAVE PARENTAL RIGHTS, INCLUDI NG CUSTODY AND TIME-SHARING, WHERE APPROPRIATE, IN THE EVENT OF A LATER DISSOLUTION OF MAR RIAGE, AND MAY BE LIABLE FOR CHILD SUPPORT IN THE EVENT OF A LATER DISSOLUTION OF MARRIAGE. Y OU COULD BE LIABLE IN LITIGATION FOR THE ACTIONS OF THE ADOPTEE(S). THIS ADOPTION MAY ALSO AFFECT THE ADOPTEE’S INHERITANCE. Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900 (a), before he or she helps you. A nonlawyer helpi ng you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Florida Supreme Court Approved Family Law Form 12.981(b)(1), Joint Petition for Adoption by Stepparent (11/15) IN THE CIRCUIT COURT OF THE __________________ JUDICIAL CIRCUIT, IN AND FOR __________________ COUNTY, FLORIDA Case No.: _______________________ Division: _______________________ IN THE MATTER OF THE ADOPTION OF _________________________________________, {use name to be given to the minor child} Adoptee. JOINT PETITION FOR ADOPTION BY STEPPARENT Petitioner, {full legal name} ______________________________________, being sworn, joined by the above-named child(ren)’s _____ mother _____ father, {full legal name} __________________________, being sworn, files this joint petition for adoption of the above-named mi nor child(ren), under chapter 63, Florida Statutes. 1. This is an action for adoption of a minor child(ren) by his or her (their) stepparent. 2. I desire to adopt the following child(ren): Name to be given to child(ren) Birth date Birthplace a. __ _________________________________________________________________ _______ b. __________________________________________________________________ ________ c. __________________________________________________________________ ________ d. _________________________________________________________________ _________ e. __________________________________________________________________________ f. __________________________________________________________________________ A certified copy of th e bir th certifica te(s) is/are a ttached. 3. The child(ren) has (have) resided with me since {date} __________________________________ . I wish to adopt the child(ren) because I would like to legally establish the parent-chil d relationship already existing between the child(ren) and me. Since the above date, I hav e been able to provide adequately for the material needs of the child(ren) and am able to co ntinue doing so in the future, as well as to provide for the child(ren)’s mental and emotional well -being. Other reasons I wish to adopt the children are: ____________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ 4. I am ______________ years old, and have resided at {street address}, _____________________ {city} _____________________ {county} ________ __ {state} _______ for _____________ years. 5. I married the _____ father or _____ mother of the child(ren) on {date} ___________________ , in {city} _____________________ {county} __________ {state} _______ . The following are the Florida Supreme Court Approved Family Law Form 12.981(b)(1), Joint Petition for Adoption by Stepparent (11/15) dates and places of my dissolutions of marriage, if any: Date Place a. _ ________________________________ _______________________________________ b. ____________________________________________ __________________________ 6. A completed Uniform Child Custody Jurisdiction and Enforcement Act Affidavi t (UCCJEA), Florida Supreme Court Approved Family Law Form 12.902(d), is filed with this petitio n. 7. A description and estimate of the value of any property of the adoptee(s) is as follows: __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ 8. Consent by the adoptee(s): _____ is attached for: Name(s) ____________________________________________________ _____ is not required because the adoptee(s) is/are not 12 years of age: Name(s) ____________ _____ was excused by the court for: Name(s) _________________________________________ 9. The following person(s) is/are required to consent and the consent form or affidavit of nonpaternity is/are attached __________________________________________ _____________ 10. The following person(s) whose consent is required has not consented. The facts/circumstances that excuse the lack of consent and would justify termination of this person’s parental rig hts are: Na me Address Facts/circumstances __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ 11. A copy of this Petition was served on all known persons whose consent is required but did not waive notice, as well as on all persons whose consent is required but did not prov ide consent. Proof of service is attached. {Indicate if applicable}: _____ A search of the Putative Father Registry maintained by the Office of Vital Statistics of the Department of Health has been requested, and if granted, the certificate from the State Registrar will be filed in this action. WHEREFORE, I request that this Court terminate the parental rights of __________________________, {name of parent whose rights are sought to be terminated} , enter a Final Judgment of Adoption of the Minor Child(ren) by Petitioner Stepparent and, as requested, change the name of the adoptee(s). Florida Supreme Court Approved Family Law Form 12.981(b)(1), Joint Petition for Adoption by Stepparent (11/15) I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this petition and that the punishment for knowingly making a false sta tement includes fines and/or imprisonment. Dated: ____________________ _______________________________________ Signature of Party Printed Name: ___________________________ Address: _______________________________ City, State, Zip: __________________________ Telephone Number: ______________________ Fax Number: ____________________________ Designated E-mail Address(es): _____________ _______________________________________ STATE OF FLORIDA COUNTY OF _________________ Sworn to or affirmed and signed before me on __________ by _______________ ___________________. NOTARY PUBLIC or DEPUTY CLERK {Print, type, or stamp commissioned name of notary or clerk.} _____ Personally known _____ Produced identification Type of identification produced _________________________ Florida Supreme Court Approved Family Law Form 12.981(b)(1), Joint Petition for Adoption by Stepparent (11/15) I understand that I am swearing or affirming under oath to the truthfulne ss of the claims made in this petition and that the punishment for knowingly making a false statement includ es fines and/or imprisonment. Dated: ____________________ _______________________________________ Signature of Party Printed Name: ___________________________ Address: _______________________________ City, State, Zip: __________________________ Telephone Number: ______________________ Fax Number: ____________________________ Designated E-mail Address(es): _____________ _______________________________________ STATE OF FLORIDA COUNTY OF _________________ Sworn to or affirmed and signed before me on __________ by _______________ ___________________. NOTARY PUBLIC or DEPUTY CLERK {Print, type, or stamp commissioned name of notary or clerk.} _____ Personally known _____ Produced identification Type of identification produced _________________________ IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: [fill in all blanks] This form was prepared for the: ( ) parent ( ) stepparent ( ) both . This form was completed with the assistance of: {name of individual} ________________________________________________________________ ___, {name of business} ____________________________________________________________________ , {address} ____________________________________________________________________ ________, {city} ____________________ , {state} _____ , {zip code} __________, {telephone number} ____________.