Orlando Family Team - Bernal-Mora & Nickolaou, P.A

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  Family Law

  No family is free from conflict, but there are times when family disputes require legal action. The practice of family law is dedicated to finding solutions outside of the home and protecting the relationships that matter in your life. While family law is often associated with divorce, it also encompasses concerns ranging from paternity disputes to father’s rights, to domestic violence. Regardless of the issues facing your family, the best decision you can make to protect your interests and the interests of your loved ones is to consult caring, experienced family law attorneys. Orlando Family Team is dedicated to serving all types of families, traditional, blended, and nontraditional, throughout Central Florida. We understand families because we are family. Founding attorneys Ophelia Bernal-Mora, Esq, B.C.S and Andrew Nickolaou, Esq. are a husband and wife team with a passion for helping families resolve their most personal and pressing issues. When you become our client, you can rest assured that we will stand by your family in good times and bad. How Our Family Law Attorney Can Help Our husband and wife team routinely handles a wide range of family law issues including: Separation agreements Divorces Spousal support/alimony Parental responsibility, timesharing Child support Division of property Father’s rights Stepparent adoptions Paternity disputes Domestic violence Knowing that no two families alike, we will tailor a solution that best suits your needs. In a divorce case, for example, we often encourage our clients to minimize conflicts by reaching a negotiated solution. When issues regarding spousal support, parental responsibility, time-sharing, and child support cannot be amicably resolved, however, we will aggressively represent your interests in court. Orlando Family Team works with clients from all walks of life and has the skills and resources to manage high net-worth divorces. Given that Florida is home to a number of military installations, we are also keenly aware of the complex issues related to the status of military families. In particular, a military divorce is far more complex than a civilian divorce because it requires navigating not only Florida law, but also military law, federal law, and administrative law. Above all, Ophelia and Andrew are dedicated to serving those who serve our country. Division of Marital Property A key issue that must be resolved in a divorce is the division of marital property, which includes personal property, real estate, savings, debts, investments, business interests, and retirement accounts. In Florida, marital property must be divided according to the state’s equitable distribution rules. This does not mean a 50-50 split, but rather a fair and reasonable division. While this seems straightforward, dividing marital property is often one of the most contentious issues in a divorce, particularly in litigated and high net-worth divorces. When you work with Orlando Family Law team, you will have confidence knowing that your interests will be protected. What is divorce mediation? Mediation is a form of alternative dispute resolution that provides for a more civil and less expensive way to end a marriage. This process requires working with a neutral third party, known as a mediator, whose role is to guide the couple through the process. Because a mediator cannot offer legal advice, it is crucial to consult a knowledgeable family attorney so that your interests are protected if you choose to engage in mediation. For more information, please visit Orlando Mediation Team. Domestic Violence If you have been the victim of domestic violence, whether in the form of harassment, assault, abuse or neglect, Orlando Family Team can seek a restraining order from the court to protect your safety. Domestic violence can also be the basis for initiating a divorce proceeding or modifying a child custody order. At the same time, false charges of domestic violence are not uncommon, particularly in contentious divorce proceedings. Regardless of the circumstances, an experienced family law attorney can help to ensure your rights are protected. Same-Sex Family Law Although marriage equality has been legally recognized since 2015, same-sex family law issues present unique challenges. Our husband and wife team proudly guide same-sex couples through all aspects of family law including divorce, custody, stepparent adoptions, and domestic violence. Contact Our Orlando Family Law Attorney We are a trusted husband-and-wife team with a well-earned reputation for providing our clients with powerful representation when they need it most. We help clients across Central Florida including Orange County, Osceola County, and Seminole County.

  Link: Family Law

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  Child Custody Law

  Parents going through a divorce or separation, or who have never been married and are no longer in a relationship, often have concerns about preserving the bonds with their children. Today, Florida law recognizes that mothers and fathers have equal child custody rights and allows them to agree on a parenting plan. By working with an experienced family law attorney, you can design a parenting plan that works for your family. Orlando Family Team provides first-rate legal representation to clients in all types of child custody cases in Central Florida, from custody during divorce to cases in which you must prove paternity and fight for access to your children. Backed by extensive knowledge of the current rules regarding parental responsibilities and time-sharing, our husband and wife team have a proven history of aggressively fighting for our clients’ interests both in and out of the courtroom. When you consult us, you will benefit from having a husband and wife team in your corner. As parents, we know that spending time with our children is precious and will see to it that you have the same opportunity. Aspects of Child Custody in Florida Unlike many states that divide child custody into legal and physical custody, Florida replaced those terms several years ago with parental responsibilities and time-sharing. Current public policy recognizes that children benefit from healthy, constructive relationships with both parents, each of whom retains full parental rights and responsibility for their children after the marriage is dissolved. At the same time, children will usually reside primarily with one parent after the relationship ends. As such, the parents have an opportunity to agree on a parenting plan without going to court. In short, a parenting plan outlines the basic responsibilities of each parent and establishes a time-sharing schedule for the child. While each family’s circumstances are unique, a well-conceived parenting plan considers: Parental responsibility and decision-making — Formerly referred to as “legal custody,” this aspect of the parenting plan addresses decisions about the child’s education, healthcare, extracurricular activities, and religious upbringing. Time-sharing — Florida law replaced physical custody with time-sharing to reflect each parent’s right to spend time with their child and allows them to establish a schedule for overnights, weekends and holidays. Information sharing — Each parent has a right to know about accidents, illnesses or other circumstances that affect the welfare of their child, and they must establish specific guidelines concerning how and when to inform each other of important events in the child’s life. Communication — The parents must agree on the methods and technologies they will use to communicate with the child they are not with at the time. If the parents agree on a parenting plan, the court will approve it, provided that all aspects of parenting and time-sharing have been addressed. When parents cannot reach an agreement, the court will impose a parenting plan based on the best interests of the child. In making this determination, the court will consider factors such as: The length of time the child has lived in a stable and satisfactory environment The love, affection and other emotional ties existing between the parents and the child The parents’ ability to provide the child with food, clothing, medical care, and other material needs The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the child and the other parent The mental and physical health of both parents The moral fitness of both parents Evidence of domestic violence or child abuse Alcohol or drug abuse by either parent The wishes of a child who is old enough to express a preference At Orlando Family Team, we believe that it is best for parents and children to resolve custody issues outside of court. We can help to craft a parenting plan that works for the entire family and that also passes muster with the court. If an agreement cannot be reached or there are allegations of abuse or neglect, our husband and wife team are tenacious litigators who will fight to protect your children in court. Whether through negotiation or litigation, we will always put your children’s best interests first. In Florida, courts determine child custody based on the best interests of the child. However, there are some grounds that may support a parent being awarded full legal custody, including: Abandonment – If one parent has abandoned the child, the other parent may get full custody. Neglect – A parent who severely neglects responsibilities like medical care or education may risk full custody. Abuse/Domestic Violence – Physical, sexual, or emotional abuse will likely result in the loss of custody. Drug/Alcohol Abuse – Substance abuse that endangers the child is grounds for full custody. Mental Illness

  Link: Child Custody Law

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  Child Support Law

  While we all want what’s best for our children, determining the amount and timing of child support payments frequently leads to disputes between divorcing parents. Nonetheless, all parents in Florida have a duty to support their children. If you are going through a divorce, it is essential to consult an experienced family law attorney who will fight to protect your children’s interests. Orlando Family Team is a premier family law practice serving clients throughout Central Florida. Well-versed in the applicable child support laws and guidelines, our husband and wife team understands the needs and concerns of parents because we have children of our own. Whether you are seeking to establish, modify, or enforce a support order, we have successfully represented mothers and fathers in support disputes and will work closely with you to resolve your matter. Generally, the courts make child support determinations based on the custody and time-sharing agreement. Typically, the noncustodial parent will be required to make payments unless custody is shared, in which case the number of overnights with each parent is taken into consideration. The amount of support is based on Florida’s child support guidelines which consider factors such as: The income and earning abilities of each parent The child’s standard of living Healthcare and daycare costs The cost of extracurricular activities The court may deviate from the guidelines by 5 percent, however, when it is reasonable and necessary to do so, based on the following factors: Extraordinary educational or medical expenses Seasonal variations in one or both parents’ income Age of the child or children Expenses related to special needs Independent income of the child The total assets of the parents and children Any changes in the amount of time-sharing for a parent Any other reason that should be considered in order to make the payments equitable Orlando Family Team has extensive experience handling child support matters in all types of divorce situations. We handle each unique case with the care it deserves and will work quickly and efficiently to meet your needs. We are highly skilled at resolving a diverse range of complex matters, such as those involving a parent with undisclosed income or assets, a parent who is self-employed, and a parent who has defaulted on payments previously. Above all, we are committed to making sure mothers and fathers have the resources to care for their children after a divorce. Modifications Under Florida law, both the payer and the recipient of child support can request a modification, provided that they can demonstrate there has been a significant change in circumstances. Situations that might warrant a modification include: Significant reduction in income of either party due to involuntary job loss, hospitalization, or long-term health concerns An increase in income due to a promotion, new employment, or business venture that offsets the child support equation Child is emancipated or there is a decrease in children’s care expenses (e.g. daycare no longer required) Health insurance becomes available and cost of insurance is incurred In any event, the court will only modify an order if the new amount is at least 15 percent more or less (or $50.00 per month, whichever is greater) than the previous amount. If you have experienced a significant change in circumstances since your divorce was finalized, Orlando Family team can assist you with petitioning the court for a child support modification. Enforcing a Child Support Order If the paying parent fails to meet his or her child support obligation, it may be necessary to ask the court to enforce the order. Some steps the court may take include wage garnishment (ordering payments to be automatically deducted from the non-paying parent’s paycheck), placing a lien on real property or even seizing bank accounts. If the parent is a repeat offender, the court may hold him or her in contempt, which could result in a prison sentence and fines. The courts are generally reluctant to imprison a deadbeat parent, however, since he or she will not be able to earn income to comply with the order. Whether parents divorce or were never married, both parents are responsible for contributing to the costs of a child’s upbringing. If you are considering a divorce, it is crucial to understand the complicated rules governing child support in Florida. When you consult Orlando Family Team, we will take the time to explain the state’s child support guidelines and make sure your children are protected. If you are a single parent seeking child support, we will stand by you and fight for the support your child deserves. As parents, we are committed to protecting the welfare of children as well as the rights of mothers and fathers. Please contact our office today to speak with our dedicated child support attorneys.

  Link: Child Support Law

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  Divorce

  Choosing the right divorce lawyer in Orlando is an important decision. Anyone who has been through a marital break-up knows what a painful ordeal it is. Between splitting up the family, coping with the financial consequences, and transitioning to a new lifestyle, divorce can be an emotional and financial burden. Ultimately, it takes a compassionate, experienced divorce attorney to help lift that burden. At Orlando Family Team, we handle divorce cases with a powerful combination of aggressive representation and caring personal attention. As a husband and wife team, Ophelia Bernal-Mora, Esq., B.C.S. and Andrew Nickolaou, Esq. are highly attuned to a family’s needs when a marriage comes to an end. When you consult us, you will have confidence, knowing that your family’s future is in good hands. To be eligible for a divorce in Florida, at least one of the spouses must have lived in the state for at least 6 months before filing a petition. Additionally, there are only two grounds for a divorce. The first is referred to as “irretrievable breakdown of the marriage.” This simply means that the spouses are incapable of resolving their differences in spite of counseling or other efforts to preserve the marriage. In addition, a divorce will be granted on the basis of mental incapacity if one of the spouses has been declared mentally incapable by a judge for a 3-year period prior to filling. Generally, there are two types of divorce — uncontested and contested. In an uncontested divorce, the parties are able to reach an agreement on the key issues (e.g. division of property, alimony, child custody/support). Despite being “uncontested,” it is highly advisable to work with an experienced divorce attorney. An uncontested divorce is still a legal action, requiring a settlement agreement that must be approved by the court. At Orlando Family Team, we believe it is best for both parties to reach an agreement outside of court and can help to negotiate well-conceived agreements. At the same time, we are fully prepared to guide clients through a contested divorce, one in which the parties cannot agree on divorce terms. Finally, for divorcing spouses with kids, the parties must agree on a parenting plan before a divorce will be granted. If they cannot reach an agreement on parental responsibilities and time-sharing, the court will intervene to determine a parenting plan based on the best interests of the kids. Whatever your situation may be, our husband and wife team we will stand by every step of the way, offering you trustworthy advice so you can move one with your life. By taking the time to understand your unique circumstances and goals, we will make the divorce process as stress-free as possible by helping you navigate the key issues in a divorce, including: Division of Property — In a Florida divorce, marital property such as real estate, bank accounts, debt, investments, retirement accounts, and closely-held businesses must be divided according to the state’s rules of equitable distribution. This does not mean that the marital property will be divided equally, but rather in a way that is fair and reasonable. If the parties cannot agree, the court will make final determinations on dividing the marital property. Alimony — More commonly referred to as spousal support, alimony is generally based on the needs of the receiving spouse and the other party’s ability to pay. In Florida, there are four types of spousal support — temporary, rehabilitative, durational, and permanent. While there is no set formula for determining spousal support, the court will consider factors such as each spouse’s income, the duration of the marriage, the age and health of the parties, each party’s earning capacity, and the receiving spouse’s need for further education or training to secure employment. Child Custody — As mentioned above, the spouses must reach a court-approved parenting plan before a divorce will be granted. It is worth noting that Florida has replaced the terms custody and visitation with parental responsibility and time-sharing in recognition of the fact that both parents have equal rights to access to their kids. Child Support — Although all parents have an obligation to support their children, disputes over child support determinations and payments are not uncommon. Nonetheless, the parties must follow the Florida child support guidelines which consider factors such as each parent’s income, the number of kids in the marriage, the cost of childcare, educational expenses, health insurance payments, and medical expenses. There is an alternative to litigating a divorce for those who are seeking a more civil, cost-effective way to dissolve a marriage — divorce mediation. This process requires the parties to work with a mediator who guides the parties in negotiating a marital settlement agreement.

  Link: Divorce

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  Domestic Violence

  While relationships are seldom free from conflict, no one should ever be subjected to domestic violence. If a member of your family or household has harmed or attempted to harm you, the first thing you should do to protect yourself is call the police. This is a criminal offense that is taken very seriously by Florida prosecutors. Next, call an experienced family law attorney who can seek a court order requiring that person to stay away from you. Orlando Family Team is committed to protecting family and household members in Central Florida from domestic violence. We understand the complexities of these situations and how difficult it is for many domestic violence victims to free themselves from their abusers. Whether you have been physically or emotionally abused, or threatened with acts of violence, we know how to make the law work for you. Our husband and wife team will help you take immediate steps to protect you and your loved ones. We will also explore all of your options for securing your future. Above all, we will provide you with knowledge, compassion and the personal attention you deserve. Under the state’s domestic relations law, domestic violence is defined as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery stalking, aggravated stalking, kidnapping, false imprisonment or any criminal offense that ends in physical injury or death of either a family member or household member of the alleged offender.” The law also defines family or household members as: Current spouses Former spouses Persons related by blood or marriage Individuals who live together presently as a family Individuals who lived together as a family previously Parents of a child in common (regardless of whether they are or have never been married) Additionally, domestic violence can also be committed against a third party in an effort to intimidate a person with whom the accused has or had an intimate relationship. In any event, the state will prosecute a domestic violence case regardless of whether the victim decides to press charges. Domestic violence is a criminal offense, not a personal matter; charges can only be dropped by prosecutors with the court’s approval. Help for Victims: If you have been subjected to domestic violence, our family law attorneys can ask the court for an order of protection or restraining order to secure your safety. Provided that we can show domestic violence has occurred or is likely to occur, a restraining order will give you peace of mind knowing the abused must stay away from you and that the law is behind you. Nonetheless, a restraining order is only a temporary solution to what may be an ongoing pattern of abuse. When you work with our husband and wife team, we will help you explore options to secure your future and protect your children if necessary. Above all, we will provide you with knoweldge, compassion, and a supportive environment so that you can move on with your life. As serious an offense that domestic violence is, there are times when individuals are falsely accused of domestic abuse, particularly in hotly contested divorces and child custody disputes. If you find yourself in this situation, you need to take steps to protect your freedom and preserve your reputation. When these accusations are made, the police are usually required to make an arrest, and charges will be filed against you. We will take the time to assess your circumstances, advise you of your rights, and make recommendations for legal representation. Contact Our Orlando Domestic Violence Attorney Ophelia Bernal-Mora, Esq., B.C.S. and Andrew Nickolaou, Esq. founded Orlando Family Team to advocate for families and provide them with legal guidance when they need it most. When you work with us, we will advise you of your rights and the legal protections available to you. Depending on the circumstances, we can assist you with: Obtaining a protective order against your abuser Legal separation Divorce Child custody proceedings Child custody modifications Identifying programs, resources and support for domestic violence victims Above all, our husband and wife team will stand beside you as you decide what’s best for you and your family. Whether that means permanently dissolving your relationship or a temporary separation in the hope that the abuser gets help and the family can be reunited, Ophelia and Andrew will advocate for you with compassion, knowledge and determination. Contact us today.

  Link: Domestic Violence

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  Family Law Appeals

  There are many misunderstandings about the Florida appeals court process and what grounds are sufficient to successfully challenge a trial court’s ruling. It’s important to understand that simply disagreeing with a judge’s decision is not enough to appeal his or her ruling. An appeal is also not a retrial of the original dispute between you and the other party. Instead, the purpose of an appeal is to challenge errors of law. These are errors that undermine the legal system and in some way infringe upon a party’s rights. These are some of the examples of errors that may be appealed: The judge in your trial improperly overlooked, ignored, or admitted evidence A decision or order is not permitted by law or by the Florida or U.S. Constitution Fraud was committed on the court either by a party or by his or her attorney The judge engaged in illegal or unethical behavior during the trial The judge abused his or her discretion Procedural errors were made In essence, the judge must have done, or allowed, conduct that was illegal, unethical, or fundamentally unfair to one of the parties. This is a high bar for any litigant, which is why having a skilled family law appeals attorney is essential. Appeals challenge the legal sufficiency of a court’s decision. When you appeal a case, you are contradicting some decision or behavior of the judge, or the other party or attorney, and asking the appeals court to render the decision invalid as a matter of law. On the other hand, a modification is designed to change a previous order based on a significant change in circumstances. It does not carry the case to the appeals court but leaves it at the trial court level. Take the example of child support. If the trial court judge applied an incorrect legal standard that affected your rights, there could be grounds for an appeal. On the other hand, after the order is handed down you may later wish to modify child support if you experience a drop in income. This modification does not challenge the legal sufficiency of the initial decision. Most final judgments or orders of court can be appealed in Florida. A judgment or order is considered final if there is nothing further to be done concerning the particular dispute between the parties (e.g., child support). The standard used by the appellate court is whether the judgment or order puts an end to judicial labor in the trial court. Some temporary orders may also be appealed, but they are generally limited to: The right to immediate monetary relief The rights or obligations of a party regarding child custody or time-sharing under a parenting plan Cases in which a marital agreement is held to be invalid in its entirety What Does The Appeals Court Do? Because the appeals court does not retry cases, there is no evidence presented or testimony given. The appeals court, usually composed of three judges, instead reviews the record on appeal and briefs prepared by the respective parties. The appealing party (appellant) can file a brief arguing how he or she believes the lower court erred. The responding party (appellee) may file a brief answering it. If oral argument is requested, the court may schedule it. Oral argument allows the attorneys to present their arguments and the judges to ask questions. The first and perhaps most important thing to know is that you only have 30 calendar days from the date an order or judgment is signed to appeal it. The appeals process begins when you file a Notice of Appeal with the clerk of court. A non-final order may be appealed within 30 days after entry of the final judgment or order. However, to preserve your right to appeal, it is strongly suggested that you speak with an experienced Florida family court appeals attorney as soon as you receive an unfavorable order. In most cases, the appeals court will need a record of the trial court proceedings. To that end, the appellant may include a trial transcript or an acceptable substitute. It is difficult for an appeals court to evaluate the conduct of the trial court without this record. However, some rulings, judgments, or orders made by the trial court are erroneous on their face and can be reversed on that basis. There are numerous rules and deadlines that have to be followed for a party to appeal a trial court decision. Florida’s Rules of Appellate Procedure set forth these requirements, and an experienced family law appeals attorney is usually in the best position to understand them. A skilled attorney will also be familiar with the relevant case law, statutes, and rules which will govern the appropriate legal standards in your case. For example, Florida has detailed laws that control what types of evidence are admissible and under what circumstances.

  Link: Family Law Appeals

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  Paternity Law

  If you are married when your wife gives birth to your child, you are automatically presumed to be the child’s father under Florida law. With this presumption comes all of the parental rights and obligations of fatherhood. Paternity is more complicated when the parents are not married. But determining who the father is can benefit both parents, and a Florida paternity attorney can help with this process. At Orlando Family Team, your paternity attorney has experience representing both sides of the issue. What Does Paternity Mean? Put simply, paternity is the determination that someone is the father of a child. Establishing paternity is a prerequisite to gaining rights as a father, such as custody and visitation. Paternity also gives important rights to the child, such as the right of support and of inheritance. Either party can, therefore, benefit from a paternity determination. Who Can Establish Paternity? The mother can initiate a paternity action in Florida, as can anyone who believes himself to be the father. In many cases, the child’s mother or legal guardian will request government assistance for the child, such as Medicaid. Florida’s Department of Revenue can seek to determine paternity in order to hold the father responsible for child support. How Is Paternity Established? Many fathers mistakenly believe that establishing paternity is as simple as signing the child’s birth certificate. But this only creates a presumption of paternity. To officially be recognized as the child’s legal father in Florida, several options are available: Voluntary Acknowledgment of Paternity Legitimation Administrative Order based on DNA test Petition to Establish Paternity How Can a Voluntary Acknowledgment Establish Paternity? When the parents both agree that the man is the father of the child, they can complete and sign a Voluntary Acknowledgment of Paternity. The acknowledgment can be signed either at the hospital or at a later date. It is a sworn statement that the father is, in fact, the child’s true legal father, and it grants him all legal rights and responsibilities that come with fatherhood. Once this form is signed, it becomes legally binding after 60 days. Unless there was an extraordinarily unusual circumstance by which the father was coerced or pressured into signing the acknowledgment, it cannot be revoked after the 60 days. If the father and mother of the child marry each other after the child is born, the child may be legitimated. Legitimation is the process by which the father can gain parental rights to the child. It requires updating the child’s birth certificate and filing certain forms with the clerk of court in your area. Your Orlando Family Team paternity attorney can assist with this process. The Florida Department of Revenue offers free DNA testing to help establish paternity. It requires genetic samples (cheek swabs) from the mother, the alleged father, and the child. If the results come back positive and the male is determined to be the biological father, the Department of Revenue can issue an administrative order. This order will require the state Office of Vital Statistics to update the child’s birth certificate with the father’s name. All parties must cooperate to use this method, and must voluntarily submit to genetic testing. But it is a simpler alternative to going to court. If none of the above options are available, either party can initiate a paternity action in court. This is done by way of a Petition to Establish Paternity. The petition is used to formally request that the court determine who the father is, and it can be filed at any point when the child is still a minor. To file the petition in Florida, the petitioning party must be a resident of the state for at least 6 months prior to bringing the action. All parties must appear before the judge, who may order a DNA test. If the court determines that the man is the father, the birth certificate will be updated and the father will be afforded all parental rights and obligations. These legal proceedings can also be used to address child support, health insurance for the child, custody, and visitation. If the alleged father does not show up to court, and he has been served with a summons directing him to appear, the court may enter a default judgment determining that he is the father. If an action is commenced and the parties agree (prior to court) that the man is, or is not the father, they can enter into a consent order. The consent order will set forth relevant facts, legal conclusions, and a declaration that the man is or is not the father. Once the judge signs it, the consent order becomes a legally enforceable order of the court. If you’re a mother in need of child support or a father who wants to visit his child, turn to Orlando Family Team.

  Link: Paternity Law

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  Step Parent Adoption

  Orlando Family Team has extensive experience handling stepparent adoptions for families in Central Florida. If you are considering adopting your spouse’s child, we will help you understand the legal implications and guide you through the stepparent adoption process, from filing the necessary court documents to representing you at the adoption hearing to formalizing the adoption. Our husband and wife team will provide you with the finest representation as we help you establish a legal relationship with your stepchild. The Stepparent Adoption Process Stepparent adoptions are common when one biological parent is absent and the custodial parent remarries. The stepparent often plays a large role in the child’s life and seeks to make it “official” by adopting the child. Once the stepparent adopts the child, the child has the same legal rights a biological child would have, such as inheritance rights, and rights to parental support. To file be eligible to adopt a stepchild in Florida, the prospective parent must be (1) married to legal parent of the child and (2) physically capable of caring for the child. The process starts by filing a petition with the court, which must include information such as: The child’s birth date and place of birth of the child The name that will be given to the child (if the child’s name is being changed) A statement of how long the stepparent has lived with the child The stepparent’s reasons for wanting to adopt the child In addition, it is necessary to obtain the absent’s parent’s consent to the adoption, which means relinquishing all of his or her parental rights, including the power to make decisions for the child, all visitation rights, and the right to communicate with the child. The absent parent will no longer be obligated to pay child support one the child is adopted by the stepparent. If the absent parent consents, the court will likely approve the adoption. From a legal perspective, the adoptive parent will then share full parental rights of the child. If consent cannot be obtained or the biological parent cannot be located, it is necessary to ask the court to terminate the biological parent’s rights. Because Florida public policy prioritizes parent-child relationships the court will only terminate a biological parents rights under limited circumstances, such as: The parent has deserted or abandoned the child The parent has a history of child abuse or substance abuse The parent was determined by the court to be legally incompetent and is unlikely to regain competency In any event, the court will only allow the stepparent adoption to proceed if it is in the best interests of the child. Ultimately, stepparent adoption can strengthen the bond between the child and stepparent, which can also benefit the entire family. In addition, a stepparent adoption can protect the stepparent’s legal rights, and provide the child with a greater sense of stability. Stepparent adoptions are also a viable option for same-sex couples since marriage equality was legally recognized in 2015. Contact Our Orlando Stepparent Adoption Attorney Adopting a step-child is an exciting experience and one that can make your family stronger. Nonetheless, there are serious legal considerations involved that require the advice and guidance of an experienced stepparent adoption attorney. When you work with Orlando Family Team, you will have confidence, knowing that your family’s interests will be protected. Husband and wife attorneys Ophelia Bernal-Mora, Esq., B.C.S. and Andrew Nickolaou, Esq. will take the time to explain your rights and responsibilities and help you navigate the adoption process. We can assist in determining whether consent of the absent parent is necessary, follow the proper procedures for obtaining consent, petition the court to terminate the absent parent’s rights, represent you in adoption hearings, and help arrange for new birth certificates. Above all, we believe that nothing is as important as building strong families and will help you make the best decisions for your family’s future. If you are considering stepparent adoption, please contact our office today to learn how we can help.

  Link: Step Parent Adoption