In re J.M.P. 528 So.2d 1002 (1988) CASE BRIEF

In re J.M.P.

528 So.2d 1002 (1988)

NATURE OF THE CASE: Dawn (M) appealed the determination that she had voluntarily consented to the adoption of her daughter.

FACTS: Dawn B., an eighteen-year-old unmarried woman, was employed in a grocery store but remained economically dependent on her mother and stepfather, Mr. & Mrs. B., with whom she resided. She became pregnant and hide the fact from her parents. It was too late to get an abortion so the Mrs. B. arranged for an adoption. Perez, attorney at law, was contacted and he explained the process. Dawn agreed to it. The child was born and Perez explained the process once more and Dawn signed the hospital release forms and Perez left with the baby. The next week Perez and his law partner, Roberts, came to the house for Dawn to sign the final papers. Roberts represented Dawn and advised her of her rights and the agreement. She did not ask any questions. Perez once again informed her that she could change her mind. Mrs. B then informed Dawn that if she kept the child she would have to move from the home and raise it on her own. Dawn signed. Perez got a letter from Dawn revoking her consent to the adoption. The court ruled that the act of surrender was valid. Immediately after the trial judge's ruling, the hearing as to the best interests of the child was held. James and Laura were married for 10 years, and were financially stable with Laura taking care of the child and another two-and-a-half-year-old adopted child. Dawn worked at Winn Dixie and making little money and that her parents were going to help take care of the child. Dawn also testified that the father of the child had agreed to help out financially. She admitted she had no idea of how much day care, insurance, food or diapers would cost. The trial court found that the adoption was in the child's best interest and entered an interlocutory decree of adoption.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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