Stepparent Adoption: Affidavit of Diligent Search
This form, Affidavit of Diligent Form, is for the use of adopting stepparents.Download
Extracted Text for Proper Search
Instructions for Florida S upreme Court Approved Family Law Form 12.981(a)(4), Petition for Stepparent Adoption: Affidavit of Diligent Search (03/15 ) INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.981(a)(4), STEPPARENT ADOPTION: AFFIDAVIT OF DILIGENT SEARCH (03/15 ) When should this form be used? Use this form to obtain constructive service (also called service by publication) in a proceeding for stepparent adoption, Joint Petition for Adoption by Stepparent, Florida Supreme Court Approved Family Law Form 12.981(b)(1), when any required consent is unavailable because the address or location of the person whose consent is required is not known and cannot be determined. This form includes a checklist of places you must look for information on the location of the person whose rights you seek to terminate. You do have to look in all of these places, and the court must believe that you ha ve made a very serious effort to get information about the person ’s location and that you have followed up on any information you received. Section 63.054, Florida Statutes, requires that in each adoption a search of Florida ’s Putative Father Re gistry must be conducted. You will need an order from the judge to do this, which you can request by filing a Motion for Search of the Putative Father Registry, Florida Supreme Court Approved Family Law Form 12.981(a)(6). This form should be typed or printed in bla ck ink. After completing this form, you should file the original with the clerk of the circuit court in the county where your petition was filed and keep a copy for your records . IMPORTANT INFORMATION REGARDING E -FILING The Florida Rules of Judicial A dministration now require that all petitions, pleadings, and documents be filed electronically except in certain circumstances. Self -represented litigants may file petition s or other pleadings or documents electronically; however, they are not required to do so. If you choose to file your pleading s or document s electronically, you must do so in accordance with Florida Rule of Judicial Administration 2.525, and you must follow the procedures of the judicial circuit in which you file. The rules and procedures should be carefully read and followed. Where can I look for more information? Before proceeding, you should read General Information for Self -Represented Litigants found at the beginning of these forms. For further information, see rule 12.070, Florida Family Law Rules of Procedure and Rule 1.070, Florida Rules of Civil Procedure. Special notes... Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Discl osure from Nonlawyer , Florida Family Law Rules of Procedure Form 12.900(a), before he or she he lps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete. Florida Supreme Court Approved Family Law Form 12.981(a)(4), Petition for Stepparent Adoption: Affidavit of Diligent Search (03/15 ) IN THE CIRCUIT COURT OF THE JUDICIAL CIRCUIT, IN AND FOR __ COUNTY, FLORIDA Case No.: Division: IN THE MATTER OF THE ADOPTION OF _________________________________ _____________ {us e name to be given to the minor child(ren)} Adoptee(s). PETITION FOR STEPPAR ENT ADOPTION: AFFIDAVIT OF DILIGENT SEARCH I, {full legal name} , being sworn, certify that the following information is true: 1. I am the child(ren) ’s _____ mothe r _____ father. 2. The last known address of the child(ren) ’s other parent {name} ______ , as of {date} , was: Address City State Zip Telephone No. ____________________ Fax No. _______________________ ________ His/her last known employment , as of {date} , was: Name of Employer Address City State Zip Telephone No. ____________________ Fax No. ________________________ 3. The other parent is over the age of 18. 4. The other parent ’s current residence is not known and cannot be determined, although I have made a diligent search and inquiry to locate him/her through the following: You must search ALL of the following sources of information and state the results. _____ United States Post Office inquiry through the Freedom of In formation Act for the person ’s current address or any previous address. Result of search: _____ Last known employment of the other parent, including name and address of employer. Result of sear ch: Florida Supreme Court Approved Family Law Form 12.981(a)(4), Petition for Stepparent Adoption: Affidavit of Diligent Search (03/15 ) _____ Regulatory agencies, including professional or occupational licensing, in the area where the other parent last resided. Result of search: _____ Names and addresses of relatives to the extent such can be reasonably obtained from the petitioner or other sources, contacts with those relatives and inquiry as to the other parent ’s last known address. You are to follow up any leads of any addresses wher e the other parent may have moved. Result of search: ______ Information about the other parent ’s possible death and, if dead, the date and location. Result of se arch:_________________________ _________________________________________ ______ Telephone listings in the area where the other parent last resided. Result of search: ______ Law enforcement agenc ies in the area where the other parent last resided. Result of search: ______ Highway Patrol records in the state where the other parent last resided. Result of search: ______ Department of Corrections records in the state where the other parent last resided. Result of search: ______ Hospitals in the last known area of the other parent ’s residence. Result of search: ______ Records of utility companies, which include water, sewer, cable TV, and electric in the last known area of the other parent ’s residence. Result of search: ___ Records of the Armed Forces of the U.S. and their response as to whether or not there is any information about the other parent. (See Florida Supreme Court Approved Family Law Form 12.912(a), Memorandum for Certificate of Military Service.) Result of search: ___ Records of the tax assessor ’s and tax collector ’s office in the area where the other parent last resided. Result of search: ____ Search of one Internet databank locator service. Result of search: Title IV -D (child support enforcement) agency records in the state of the other parent ’s last known address. Result of search: __________________________ {if appli cable }: _____ A search of the Putative Father Registry maintained by the Office of Vital Statistics of the Department of Health has been r equested, and if granted, the certificate from the State Registrar will be filed in this action. Florida Supreme Court Approved Family Law Form 12.981(a)(4), Petition for Stepparent Adoption: Affidavit of Diligent Search (03/15 ) I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: Signature of Petitioner Printed Name: Address: City, State, Zip: Telephone Number: Fax Number : Designated E -mail Address(es): ____________________ _____________________________________________ STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on by . NOTARY PUBLIC or DEPUTY CLERK [Print, type, or stam p commissioned name of notary or deputy clerk.] _____ Personally known _____ Produced identification Type of identification produced IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS B ELOW: [fill in all blanks] This form was prepared for the petitioner. This form was completed with the assistance of: {name of individual } ______________________________ ________________________________ , {name of business} _________________________________ _______________________________, {address} ________________________________________________________________________ , {city} ________________ ,{state} ______ , {zip code}________, {tele pho ne number }_______________ . .Relevant article from our knowledge database
In the standard stepparent adoption case, the stepparent would like to adopt her or his spouse's child born in an earlier relationship or marriage. Though a lot of people might assume that the stepparent would get parental rights by simply virtue of her or his marriage to the kid's parent, in many courts, this isn't the instance. In case the stepparent dies, the kid cannot inherit from him. In doing so, he or she is able to become the legal mother or legal father of the child. It may be feasible for a stepparent to adopt the stepchild, even when kid is legitimate. A stepparent who adopts their stepchild is agreeing to develop into that kid's legal parent and to be fully accountable for the kid.
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While adoption will enable a youngster to adopt under most intestate laws and will offer more protections for the association between the stepparent and the kid, there are a few consequences and issues that arise as a consequence of the adoption. In some provinces, in some specific scenarios, the adoption is completed in an issue of weeks. Rapid Adoption stipulates a way for everyday individuals to finish their very own low cost stepparent adoption. This isn't typical, as the typical stepparent adoption takes a couple months to turn into final.