You can read the essay question on the Florida Board of Bar Examiner’s website by clicking here and looking at Essay Question 1.

Read the essay at the link above, try to issue spot based on the question, and then read below to see if you were able to find all of the same points.

It addressed, such issues as

• adoption
• child’s best interests
• requirements for eligibility to adopt
• involuntary termination of parental rights
• consent for voluntary termination of parental rights
• incarceration that would constitute virtual desertion
• notice required to a father regarding adoption
• priority of state, mother, child & adoptive parent over unmarried biological father, who doesn’t have a relationship with the child
• grandparent’s priority rights to adopt if children have lived with the grandparent for 6 months or more
• abandonment by failure to pay child support or keep in contact with the child
• an adult who is being adopted must consent in writing
• payment for adoption services
• adoption tax credit, as well as a few other points

If you know those rules, good for you. If you don’t, read below and see how you would apply them in this specific essay.

The first issue is about Grandma’s success (or lack thereof) in adopting Daughter and Son.

• Court will consider the child’s best interests in deciding a petition for adoption.
• An adult that lives in Florida, is of good moral character & has the ability to nurture & provide for a child may adopt. Grandma is in good health & can provide financially for Daughter & Son. Unmarried adult may adopt. Grandma is qualified to adopt.
• Children have resided with Grandma throughout their lives. Court will consider the depth of the relationship existing between children & Grandma. If children have lived with a grandparent for 6 months or more, that grandparent will have priority rights to adopt the children.
• Adoption-is the process by which someone other than the biological parent of a child becomes his/her legal parent. Children are eligible for adoption if their parents are deceased or the parent’s rights have been terminated. Daughter’s Father’s rights need to be terminated for Grandma to adopt.
  • This is a Kinship Adoption, common in Florida. No home study is needed & FL expedites the process.
• Mother has given her consent to the adoption of Daughter & Son by Grandma, thereby voluntarily terminating her parental rights. Consent is valid once signed in the presence of 2 witnesses & notarized.
• In FL, a man is considered child’s father if his name is on the birth certificate. Father ‘s name is on Daughter’s birth certificate, Father must be given notice of her adoption & termination of his parental rights.
• Involuntary Termination of Parental Rights. Court may terminate a parent’s rights without that parent’s consent. Court will terminate Daughter’s Father’s parental rights because he has been incarcerated for a period of time that would constitute a virtual desertion. Daughter is 11, Father has been incarcerated for 9 years & has 3 more years to serve = virtual desertion.
• Daughter’s Father was ordered to pay child support, but only did so sporadically, he is in arrears & Father never communicated with Daughter while in prison = (abandonment).
• In FL, interests of state, mother, child & adoptive parent outweigh the interests of an unmarried biological father who doesn’t demonstrate a relationship with his child. Father won’t prevail with his objections to Daughter’s adoption.
• No notice is required to paternal grandparents (because the children never lived with them).
  A court hearing is necessary to finalize an adoption. Only the adoptive parents & the children must be present at the adoption.
• Sam’s Father is deceased, he has his mother’s consent. Son is an adult, he must consent in writing to the adoption (any child over 12 must give their consent to be adopted). Facts state Son & Daughter are in favor of the adoption. Daughter, 11, is of sufficient age that court would consider her preferences.
• CONCLUSION: Grandma will be successful in adopting Daughter & Son.

The second issue is Daughter’s Father’s child support.

• Both parents are required to pay child support for their children until they are 18. Father was ordered to pay child support, but he only did so sporadically and is currently in arrears on paying child support.
• Once Father’s parental rights are terminated, he will have no obligation to pay future child support. Father will still be obligated to pay the outstanding child support payments at the time of the adoption. In FL, there is no statute of limitations for collecting child support arrears.
• Under Florida law, going to prison does not excuse a parent’s responsibility for child support payments. The only way to change existing child support is through a court order. Father could face penalties for failing to pay child support for any reason, including incarceration.
  
  

The last issue presented in this essay involves ethics!

• Attorney cannot accept compensation for representing a client from someone other than the client, unless the client gives informed consent. Grandma’s boyfriend offered to pay her legal fees for the adoption. If she advises attorney of her acceptance of boyfriend’s offer to pay legal fees, there should be no issue, as long as the boyfriend does not interfere with the case & attorney maintains proper confidentiality with Grandma. Also, if boyfriend gives Grandma the money directly, as a gift, for her to pay fees & then she herself makes payment to attorney, there should be no issue.
• If Grandma makes the payment for adoption services herself, she is eligible for an adoption tax credit, which will reduce her income taxes by the amount of her adoption costs.

If you were able to address all of those rules, define them, and apply them in your answer to the Florida Bar Exam’s July 2023 Family Law essay question – you would pass that essay on the Florida Bar Exam.

The post Florida Bar Exam – July 2023 – Essay – Adoption appeared first on Florida Bar Tutor.

Do you need to score more points on your Florida Bar Exam essays?

       1. I have 18 years of experience in Florida Bar Prep. Let me teach you how to organize & present your essays to score more points. I will review 14 essays with you, line by line. I explain the organization, presentation, and the relevant law, especially Florida distinctions.

       2. You then write out each essay, submit it for grading and you will be       provided detailed feedback, as well as a score based on how the Florida Bar allots points.

        3. In my Dropbox, I have another 25 short PowerPoints or Videos that review Florida Bar Essays line by line, so that you cover a wide variety of issues.

        4. I have 50 specific grading guidelines for Florida Bar Essays, that provide the rules and organization for each essay.

         5. The Florida Bar asks many of the same issues over again, just in a different fact pattern, therefore, I have created Florida Bar Essay Memorization Lists containing the issues in the essay subjects asked in the past 10 years.  If you know the rules that are asked, you can easily spot the issues and you will be able to address them appropriately.

         6. Florida Bar exam- July 2023, Essay Question #1- Family Law, focused on adoption.  It addressed, such issues as    

a. child’s best interests,
b. requirements for eligibility to adopt, 
c. involuntary termination of parental rights,
d. consent for voluntary termination of parental rights,
e. incarceration that would constitute virtual desertion,
f. notice required to a father regarding adoption,
g. priority of state, mother, child & adoptive parent over unmarried biological father, who doesn’t have a relationship with the child
h. grandparent’s priority rights to adopt if children have lived with the grandparent for 6 months or more,
i. abandonment by failure to pay child support or keep in contact with the child,  
j. an adult who is being adopted must consent in writing,
k. payment for adoption services, 
l. adoption tax credit, as well as a few other points.

         7. Florida bar exam – February 2023, Essay Question #2 – Criminal Law and Procedure. Part of the fact pattern comes directly from a 2017 Florida case, FLORIDA V MARKUS, which holds that the exigent circumstances of hot pursuit does not justify a warrantless home entry, even if there is probable cause, when the crime is only a nonviolent misdemeanor and there is evidence outside the house (the marijuana cigarette stub).

         8. Note that the subjects of Trusts, Commercial Paper & Secured Transactions will no longer be tested as essays, they will be tested as multiple-choice questions.

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Remember that the Bar exam is not an indication of how smart you are or whether you will be a good attorney. It is merely a standardized test.

PASSING THE BAR EXAM IS NOT ABOUT BEING THE SMARTEST PERSON IN THE ROOM. IT IS ABOUT BEING PROPERLY PREPARED!

Whether you pass the first time or after multiple attempts, the law license you get is the same!!

Don’t waste time blaming yourself because you did not pass.

Be resilient. Harness your champion mindset.

Be flexible, you may need to change your materials and/ or your study strategy to achieve success. We can discuss this.

** If you failed the bar more than once, you must do something different. You can’t keep doing the same thing & expect different results.

 Keep moving forward. Do not give up!

I can help! I have 18 years of experience teaching bar prep for the Florida Bar Exam. I will guide you through the process of studying successfully.

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I start tutoring for the February 2024 Bar Exam on the week of November 13th, 2023.  I like my students to get a jumpstart on the competition.

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Take some time to deal with your emotions (Remember that this test does not evaluate how smart you are or if you will be a good attorney. This is a standardized test which you can pass if you know the best strategies to use for studying for the bar and for writing the essays and you have enough time to complete the work needed.)

 If you did not pass Part A, request your essays to be sent to you. Review them.

Honestly evaluate your study routine, ask yourself these questions

1. Did you study 8-10 hours a day at least 5 days a week? 

 2. Did you carefully read the full outlines that your bar provider supplied?

  3. Did you have or create mini-memorization outlines to study from?

 4. Did you practice 2,000 MBE multiple choice questions?

 5. Did you understand why you got questions wrong during practice?

  6. Did you know that the best way to organize & present your essays for the Florida Bar, is not the same as a law school essay?

  7. Did you write out 10 Florida essays and get detailed feedback?
     (Did you read your Bar provider’s sample answers and the student       samples posted on the Florida bar website.)

  8. Did you issue spot additional essays on your own?

  9. Did you know the Florida law?

  10. Were you focused or just going through the motions?

Plan now, to better prepare for the next bar exam. (You have your books, start studying for the next bar as soon as you can. Begin with bar subjects you did not take in law school or did poorly on during bar prep or on the exam. Create your own mini-memorization outlines)

If you have failed the Bar exam more than once, get guidance!
You can’t keep doing the  same thing and expect different results. Hire a professional who is experienced with the Florida Bar. If you want to reach me – email me at info@floridabartutor.com, or call me at 954-559-3770.

Work effectively to learn the law.
Read, watch videos, used spaced repetition, flash cards, practice mixed questions, understand why you get an answer wrong. The MBE has a pattern, look for it. If you don’t understand something, take the time to figure it out, don’t just keep going.

Stay Focused.

Monitor your scores. (If you are not where you need to be, change things up).

Believe in Yourself!

PASS THE BAR!!!

The post Failed the Florida Bar Exam? – Checklist to move forward appeared first on Florida Bar Tutor.

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