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Has anyone had any success petitioning the court in Florida to unseal their birth records?
I have been working with Catholic Charities since this past march or april. I paid all the fees, $50 to look to see if they had my records, 50 for them to send my Non-Iden(i already had), 75 for them to conduct 2 hours of time to search. So far, all I know is they have sent out a letter or two to attempt to contact my birth parents at a suspected address. One received back stating she doesn't live at that address, no other responses.
Below is the response back from CC, on how to proceed. I feel that with technology these days and the identifying information they have, it should not be that hard to find my birth mother/father. I feel like CC is more of a roadblock than help at times. Petitioning the court may be a bit easier for me at this point, just wondering if anyone has had success in florida.
You are correct in that there has been no response to either letter. Contacting the private investigator would be the next step. As mentioned in the first letter you received the private investigator charges a fee of $50.00 per hour. You can set a limit on the amount of time you wish for her to spend researching your case. The investigator will provide Catholic Charities with any leads to locating the party. At that point, your financial obligation to Catholic Charities would be $50.00 per hour to follow up on the new leads. You can determine the amount of time you would want invested prior to us utilizing the private investigator.
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ljduncan77. I read your post and wanted to share some thots for your evaluation.If you know where your final adoption took place, in all probability the court records surrounding your adoption are there.Adoption Court records contain only the actions of the court. Other than the names of the parties involved in the adoption, there is no personal information.You are involved in seeking information from sealed records so you are entitled only to non-identifying info.There are some requirements to attempt to unseal records.You must be able to tell the court what you want it to do. Courts will not 2nd guess.You must be able to present to the court evidence that is more compelling than the reasons the records were sealed. This is "Good Cause." If this criteria can be met, the judge will review the evidence and rule. Some states are very strict on the evidence presented and do not accept terminal disease as a reason to unseal records.There are a number of lawyers that offer free 1st time consultations to see if there is enough evidence to go to court.I wish you the best.
Hey Robin30, let me see if I can provide some explanation as to what the law looks at in attempts to unseal records. I will be brief.Records are sealed by acts of the legislature for each state. Judges do have some discretionary powers. As a matter of course, they follow the guidelines handed down by the legislature.As a result, to unseal records you have to prove to the court that the evidence you are presenting meets the criteria of "good cause." If the judge finds that the evidence you have presented meets the "good cause" criteria, he will note in the record that "good cause" was shown and rule.In other words you are presenting evidence which is more compelling in nature than the reason the records were sealed.The court would take a very dim view if it discovered in the adoption process that a female child was being adopted for purposes of prostitution. Or that the motives for adoption were for purposes of obtaining slaves, etc. Or the a-parents were involved in the black market sales of children. These are just examples of the worst case scenes that would have to be presented to a court to prohibit the adoption process. There are many others.Additionally, there are statutes of limitations. The legislature decides how many years a case is valid and can be brought to the court for litigation. It varies with each state.Courts act on and review the evidence presented. You must tell the court what it is you want it to do, it will not 2nd guess.Many courts are strict in their interpretation of "good cause."To attempt to get records unsealed as a matter of gaining personal or identifying information is not acceptable in many courts. Often, even with a letter from a physician, courts do not accept terminal disease as a reason for unsealing records.If you are considering unsealing records, my recommendation is to seek the advice of an attorney. Many attorneys provide a free first meeting to determine if there is enough evidence to go to court.I wish you the best.
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ijduncan77
Has anyone had any success petitioning the court in Florida to unseal their birth records?
I have been working with Catholic Charities since this past march or april. I paid all the fees, $50 to look to see if they had my records, 50 for them to send my Non-Iden(i already had), 75 for them to conduct 2 hours of time to search. So far, all I know is they have sent out a letter or two to attempt to contact my birth parents at a suspected address. One received back stating she doesn't live at that address, no other responses.
Below is the response back from CC, on how to proceed. I feel that with technology these days and the identifying information they have, it should not be that hard to find my birth mother/father. I feel like CC is more of a roadblock than help at times. Petitioning the court may be a bit easier for me at this point, just wondering if anyone has had success in florida.
You are correct in that there has been no response to either letter. Contacting the private investigator would be the next step. As mentioned in the first letter you received the private investigator charges a fee of $50.00 per hour. You can set a limit on the amount of time you wish for her to spend researching your case. The investigator will provide Catholic Charities with any leads to locating the party. At that point, your financial obligation to Catholic Charities would be $50.00 per hour to follow up on the new leads. You can determine the amount of time you would want invested prior to us utilizing the private investigator.
Good cause is medical or like with me. Florida now mandates you have a birth certificate to renew your drivers license that is cause. I tried and tried until Florida exempted me but now I have to have it for my social security. I will be petitioning the court next week. Will let you know what happens.