When a person wishes to adopt a child, the child’s parents (the grandparent’s child or absent parent) is usually required to consent to the adoption.
In consenting to an adoption, the non-custodial parent relinquishes all parental rights and responsibilities, including child support. The consenting parent gives up parental rights to visit the child or make decisions for the child regarding issues such as medical treatment or education.
What if the non-custodial parent withholds consent or cannot be found in order to get their permission?
In Florida there are some circumstances in which the refusal of the natural parent to consent can be waived by the Court. It should be emphasized, however, that Florida Courts place great emphasis on the legal rights of natural parents.
When a natural parent cannot be found in order to get their permission for a grandparent adoption it may be necessary to publish a public notice in the newspaper stating the intent to have the absent parents rights terminated.
A diligent search is required to locate the absent parent, however and in our electronic age it is more likely than not that a missing parent can be found.
It can be extremely stressful for the adopting family to wait not knowing if the missing parent will respond, and if they do, will they consent to the adoption, or will they send notice to the court of their intent to contest the adoption.
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