Adoption & Getting Full Custody

by Jessica from Orlando, Florida, Orange County

Adoption & Getting Full Custody:
If I want to gain sole custody of a child, and I am a single mother in school, but financially set, and the biological mother also agrees to sign full rights of the 2 year old to me, but I am a friend of family.

Is it possible to write up my own contract to have the mother sign to gain full custody and adopt the child by law privately?

Once I have signed paperwork stating that I am granted full custody, legally, financially, medically etc. can I bring these papers to the court and will this paperwork be valid? The mother will be leaving the country as soon as the paperwork is done.

But can I be safe and sure that she cannot come back and try to take the child, will my self made contract be valid and with hold in the court will the court except this? Or are there other forms that I can print out and sign and it grants all rights to me?

Answer to Florida Court Forms Child Custody Question

Dear Jessica,

Full custody and adoption are two different things. Custody can be changed, modified, or terminated; adoption is permanent. In Florida adoptions must be approved by the court and the Department of Children and Families.

In step-parent adoptions; and some adoptions by family members criminal background checks and home studies can be waived. However, since you are not a relative you must go through the Department of Children and Families to have the adoption approved.

Florida Statute Chapter 63 addresses Adoption. In general adoption agreed upon by two private parties is not allowed without government oversight.

Imagine some of the possible scenarios - human trafficking, slavery, child abuse, etc. Not to imply that you would be ineligible to adopt, but you must go through the proper channels and processes.

The following is an excerpt from Florida Statute Chapter 63.

63.042 Who may be adopted; who may adopt.--

(1) Any person, a minor or an adult, may be adopted.

(2) The following persons may adopt:

(a) A husband and wife jointly;

(b) An unmarried adult; or

(c) A married person without the other spouse joining as a petitioner, if the person to be adopted is not his or her spouse, and if:

1. The other spouse is a parent of the person to be adopted and consents to the adoption; or

2. The failure of the other spouse to join in the petition or to consent to the adoption is excused by the court for good cause shown or in the best interest of the child.

(3) No person eligible to adopt under this statute may adopt if that person is a homosexual.

(4) No person eligible under this section shall be prohibited from adopting solely because such person possesses a physical disability or handicap, unless it is determined by the court or adoption entity that such disability or handicap renders such person incapable of serving as an effective parent.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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Our Self Help Guide, Modifying Custody & Visitation in Florida, helps you navigate the court process and procedures once you file your documents with easy to follow checklists, links to websites, important addresses & phone numbers, and much more. Modifying Custody & Visitation In Florida

See These Related Florida Child Custody Pages

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Back to Florida Court Forms from Adoption Getting Full Custody

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