From Casetext: Smarter Legal Research

Family Creations, Inc. v. N.E.M. (In re Interest of Baby Girl M.)

District Court of Appeal of Florida, Second District.
Dec 13, 2017
231 So. 3d 593 (Fla. Dist. Ct. App. 2017)

Opinion

Case No. 2D17–1311

12-13-2017

IN the INTEREST OF BABY GIRL M., a child. Family Creations, Inc., Petitioner, v. N.E.M. and C.W.M., Respondents.

Cheryl R. Eisen–Yeary, Delray Beach, for Petitioner. John P. Fleck, Jr., Bradenton, for Respondent C.W.M. No appearance for Respondent N.E.M.


Cheryl R. Eisen–Yeary, Delray Beach, for Petitioner.

John P. Fleck, Jr., Bradenton, for Respondent C.W.M.

No appearance for Respondent N.E.M.

PER CURIAM.

The petitioner's petition for writ of certiorari is granted. Because C.W.M. is an "unmarried biological father," as the term is defined in section 63.032(19), Florida Statutes (2016), and he did not file a notarized claim of paternity form with the Florida Putative Father Registry before the mother executed her consent for adoption and the petitioner filed the petition to terminate parental rights, he "is deemed to have waived and surrendered any rights in relation to the child, including the right to notice of any judicial proceeding in connection with the adoption of the child, and his consent to the adoption of the child is not required." § 63.062(2)(e), Fla. Stat. (2016) ; see also § 63.062(1)(b)(5) ("The status of the father shall be determined at the time of the filing of the petition to terminate parental rights and may not be modified ... for purposes of his obligations and rights under this chapter by acts occurring after the filing of the petition to terminate parental rights."). The trial court's order granting C.W.M.'s motion to intervene is quashed. The trial court shall expeditiously rule on the petitioner's motion to set final hearing.

Petition granted; order quashed.

NORTHCUTT, VILLANTI, and MORRIS, JJ., Concur.


Summaries of

Family Creations, Inc. v. N.E.M. (In re Interest of Baby Girl M.)

District Court of Appeal of Florida, Second District.
Dec 13, 2017
231 So. 3d 593 (Fla. Dist. Ct. App. 2017)
Case details for

Family Creations, Inc. v. N.E.M. (In re Interest of Baby Girl M.)

Case Details

Full title:IN the INTEREST OF BABY GIRL M., a child. Family Creations, Inc.…

Court:District Court of Appeal of Florida, Second District.

Date published: Dec 13, 2017

Citations

231 So. 3d 593 (Fla. Dist. Ct. App. 2017)