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LawHelpNow
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I am adopting my nephew, right now I only have Power of Attorney

Customer Question

I am adopting my nephew, right now I only have Power of Attorney which is very limiting. My sister is willing to sign the forms I would need to file. Where do I find them? Can you send me a link? I live in Miami Dade County Florida.
Submitted: 1 year ago.
Category: Family Law
Expert:  FiveStarLaw replied 1 year ago.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Hello,

Thanks for using JustAnswer. I am a Florida licensed attorney. My name is FiveStarLaw and I will do whatever I can to answer your questions!

Don't Forget that the deposit you placed to ask this question is not used to compensate me until you rate my service ! Please Remember that when you are asked to give a rating, you are rating My Service and not this website itself or the law .

I can direct you to the forms for stepparent adoption. You may edit the forms to indicate your relationship with the children

You may download the forms for a stepparent adoption at this link:
http://www.flcourts.org/gen_public/family/forms_rules/index.shtml#981

You will need to scroll down to: 12.981 Forms A1 - D2
Customer: replied 1 year ago.

I had found these forms before when I was searching online. You are sure I can edit them to my case as the aunt/nephew relationship?


I am reviewing the forms now to see if I have any further questions, would you be able to review them for me?

Expert:  FiveStarLaw replied 1 year ago.

Unfortunately I cannot review the edited forms for you – sorry but it is not permitted by the site.

The edited forms will typically be sufficient to put the matter before the judge. If the judge then wants any additional information, he can tell you

Of course, because of the nuanced details of the matter, I suggest that you retain a local attorney.
Here is a link to a free site that may assist you in locating competent legal counsel: www.Martindale.com
Customer: replied 1 year ago.

I already spoke to a competent adoption agency with attorneys. Unfortunately, even though I liked them alot, the flat fee was really out of my budget. They are the ones that advised that I do it myself.


If you can not review the forms, I understand, but you answer specific questions?... such as...


1.) Since I am editing the forms, should I remove the Form number from the document?


2.) Is it common practice to edit such forms?


3.) There is not a father listed on the birth certificate because the person my sister believes is the father does not want to be listed. He does not want his rights. I think he would need to sign the Affidavit of Nonpaternity a-3, correct?


4.) Would he also need to sign a consent and waiver a-1?


I don't think so but just checking.


5.) In this case would a Dilligent Search be applicable? What would that mean doing in simple English?


5.) On the Indian Child Welfare Act form, who is the person the form refers to as the other party?


6.) Can you also explain how do I go about the Search of the Putative Father Registry?


7.) Do I have to get the judge to sign the order for that search before I can get it done? How do I do that? Just file it with my other paperwork?


8.) Am I responsible to provide the court with the Final Judgement (b2) form?


9.) Most importantly, if any info is missing when I file, will the judge normally just advise me and reschedule another hearing? In other words, I will not have to refile?



Expert:  FiveStarLaw replied 1 year ago.
I am going to open your question to the other experts– please do not reply to me as it will delay your answer
Expert:  LawHelpNow replied 1 year ago.

Hello,


My name is Ben. I'm a licensed attorney. Glad to try and help out.


My heart goes out to you. Kudos for doing such a loving deed.

My colleague who initially handled your inquiry is quite competent and I agree with everything she stated. Seeing you have some additional questions, I'm happy to answer them in the order presented:

1.) Since I am editing the forms, should I remove the Form number from the document?

No. You certainly can do so, but there's no need at all for doing that.


2.) Is it common practice to edit such forms?

Yes. Absolutely. It happens every day and every Judge sees it.


3.) There is not a father listed on the birth certificate because the person my sister believes is the father does not want to be listed. He does not want his rights. I think he would need to sign the Affidavit of Nonpaternity a-3, correct?

Yes. Your understanding is indeed correct.


4.) Would he also need to sign a consent and waiver a-1?

No. Without parentage established, no need to consent to adoption.


5.) In this case would a Dilligent Search be applicable? What would that mean doing in simple English?

Yes. It simply means searching Florida’s Putative Father Registry: Motion.


5.) On the Indian Child Welfare Act form, who is the person the form refers to as the other party?

It includes your sister, the father (if there was one), and anyone with custody (i.e. guardian, again only if applicable).


6.) Can you also explain how do I go about the Search of the Putative Father Registry?

Sure. Just click the link provided above ("Motion") and it walks you through the steps.


7.) Do I have to get the judge to sign the order for that search before I can get it done? How do I do that? Just file it with my other paperwork?

You use the "Motion" (mentioned above) and file along with your other documents.


8.) Am I responsible to provide the court with the Final Judgement (b2) form?

Yes.


9.) Most importantly, if any info is missing when I file, will the judge normally just advise me and reschedule another hearing? In other words, I will not have to refile?

Yes.

 

If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.

I hope all works out for you and all concerned.

Happy New Year!


Take care,

Ben, J.D.

Customer: replied 1 year ago.

Thank you very much for your help. I am working on the paperwork and checking to see if I have further questions.


I am not sure I can locate the supposed father to get the Nonpaternity form signed. If I am unable to locate him, what would I do instead?

Expert:  LawHelpNow replied 1 year ago.
Hello again.
Thanks for writing back.

Nice to hear from you!
If you can't locate the person, fortunately the law provides an alternative in the form of what is known as "service by publication":\, Here's the details on showing your search efforts to satisfy the Court:
12.981(a)(4)

Thanks!

Ben, J.D.
Customer: replied 1 year ago.

Bs'd


 


Hi Ben,


 


I apologize for not responding sooner. I had to go out of town in the middle of working on all of this.


 


I am not able to locate the person who my sister believes is the father. What do I do in such a case?


 


Thanks for everything!

Expert:  LawHelpNow replied 1 year ago.
.
Expert:  LawHelpNow replied 1 year ago.
Hello there,
Thanks for writing back. It's great to hear from you!
No problem whatsoever about the delay. I'm here at your disposal, on your time table, whenever and however I can be of service to you.
I'm not entirely shocked, I must say, although I'm certainly sorry for this complication. Since you can't locate the person, you'll need to follow the steps outlined here (please click the link):
12.981(a)(4)

Now, I'll also add this suggestion for you to consider. Once you know about this type of difficulty, that's truly the time to confer with a local family law attorney. Here's the most economical ($25 all inclusive, covers both referral and attorney time, an incredibly bargain) and trustworthy resource (all lawyers screened and insured) available:
Florida Bar Lawyer Referral Service

Thanks!

Ben, J.D.
Customer: replied 11 months ago.

Hi Ben,


 


I just wanted to update you that your help was very valuable. I filed myself also with some help from the clerk. The adoption was finalized for my nephew about a week ago and I feel this was in large part due to your assistance. I want to thank you.


 


I also want to make sure you got paid. I have contacted customer service on justanswer a few weeks ago (maybe more) because there was glitch since I didn't respond in time but they were supposed to resolve and get payment to you. Please confirm.


 


I also had another question but want to finish one thing at a time. :)


 


Thanks again!!

Expert:  LawHelpNow replied 11 months ago.
Hi there,

Thanks so much for the update and I'm thrilled to hear it all worked out so nicely! I also appreciate your checking on payment. I'll contact the appropriate department here and follow-up on that aspect. But, the main thing is things worked our, and I'm so glad to hear the good news! You are absolutely welcome, and please know it makes me day to share your joy!

Take care,

Ben, J.D.

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