Florida Florida Statutes
§ 63.087 — Proceeding to terminate parental rights pending adoption; general provisions
FS § 63.087Ch. 63
Statute text
View on source(1)JURISDICTION.—A court of this state which is competent to decide child welfare or custody matters has jurisdiction to hear all matters arising from a proceeding to terminate parental rights pending adoption.
(2)VENUE.—(a) A petition to terminate parental rights pending adoption must be filed:1. In the county where the child resides; or 2. In the county where the adoption entity is located.
(b)If a petition for termination of parental rights has been filed and a parent whose consent is required objects to venue, there must be a hearing in which the court shall determine whether that parent intends to assert legally recognized grounds to contest a termination of parental rights and, if so, the court may transfer venue to a proper venue under this subsection. For purposes of selecting venue, the court shall consider the ease of access to the court for the parent and the factors set forth in s. 47.122.
(c)If there is a transfer of venue, the court may determine which party shall bear the cost of venue transfer. For purposes of the hearing under this subsection, witnesses located in another jurisdiction may testify by deposition or testify by telephone, audiovisual means, or other electronic means before a designated court or at another location. Documentary evidence transmitted from another location by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the means of transmission. The court on its own motion may otherwise prescribe the manner and terms upon which the testimony is taken.
(3)PREREQUISITE FOR ADOPTION.—A petition for adoption may not be filed until after the date the court enters the judgment terminating parental rights pending adoption. The clerk of the court shall issue a separate case number and maintain a separate court file for a petition for adoption. A petition for adoption may not be maintained in the same court file as the proceeding to terminate parental rights. Adoptions of relatives, adult adoptions, or adoptions of stepchildren are not required to file a separate termination of parental rights proceeding pending adoption. In such cases, the petitioner may file a joint petition for termination of parental rights and adoption, attaching all required consents, affidavits, notices, and acknowledgments. Unless otherwise provided by law, this chapter applies to joint petitions.
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