I think, if you are in complete agreement with the biological father on everything, for you both to agree that Florida's Courts have correct subject matter jurisdiction for the biological father to consent to the adoption and for you to file the petition for adoption. But is there any reason you do not want to file in New York? I really think New York is the State where the Courts have proper subject matter jurisdiction at this point.
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I also agree with my colleague -- it sounds like New York is the proper place to do a stepparent adoption. What is the basis for wanting to do in Florida when none of the parties involved live there?
/s/ Ophelia Bernal-Mora, Esquire
Law Office of Ophelia Bernal-Mora, P.A.
37 N. Orange Avenue, Suite 500
Orlando, FL 32801
PH: (407) 354-5223
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