ORFINGER, J.
G.P., the adoptive mother, appeals an order vacating a final judgment of adoption,
C.P. and G.P., both unmarried women, were involved in a committed relationship from 2005 to 2012. In 2007, they decided to have and raise a child as a family, and they jointly decided that C.P. would attempt to conceive. After conceiving with an anonymous donor, C.P. legally changed her name so she, the child, and G.P. would share G.P.'s last name. G.P. was present when D.P.P. was born and for the first four years of D.P.P.'s life, G.P. was equally responsible for raising and parenting D.P.P. Both C.P. and G.P. held themselves out as D.P.P.'s parents, and both were designated as the child's parents on all medical and school-related paperwork.
In 2011, G.P. and C.P. sought legal recognition of their existing status as co-parents, jointly petitioning the circuit court to allow G.P. to legally adopt D.P.P. The adoption petition did not seek to terminate C.P.'s parental rights. The petition was uncontested, and it fully disclosed that the adoption was sought by two unmarried individuals, although it was captioned as a "Joint Petition for Step-Parent Adoption." In January 2012, the circuit court granted the adoption petition, finding that it had subject matter jurisdiction and that the adoption was in D.P.P.'s best interests. The court entered a final judgment of adoption, declaring D.P.P. the legal child of G.P., without disturbing the parental rights of C.P. Thereafter, G.P. and C.P. obtained an amended birth certificate, listing both women as D.P.P.'s parents.
Shortly thereafter, the women separated but continued to co-parent D.P.P. However, nearly a year after the adoption judgment was rendered, C.P. moved for relief from the final judgment, alleging for the first time that the judgment was void and that G.P. was not D.P.P.'s legal parent. In seeking to set aside the jointly-sought adoption, C.P. claimed that the circuit court lacked subject matter jurisdiction to grant it because G.P. was not qualified to seek a step-parent adoption. The trial court agreed that it never had subject matter jurisdiction to grant the adoption pursuant to sections 63.042, 63.102 and 63.172, Florida Statutes, because G.P. was not a step-parent or "an unmarried adult" seeking to adopt following the termination of C.P.'s parental rights. The court concluded that a petition for adoption filed by two unmarried adults fails to invoke the subject matter jurisdiction of the circuit court, and thus, the final judgment of adoption was void.
We disagree with the lower court's determination concerning subject matter jurisdiction in the adoption proceeding. A court has subject matter jurisdiction when it has the authority to hear and decide the case. The Fla. Star v. B.J.F., 530 So.2d 286, 288 (Fla.1988). "`In this state, circuit courts are superior courts of general jurisdiction, and nothing is intended to be outside their jurisdiction except that which clearly and specially appears so to be.'" Mandico v. Taos Constr., Inc., 605 So.2d 850, 854 (Fla.1992) (quoting English v. McCrary, 348 So.2d 293, 297 (Fla.1977)). An examination of subject matter jurisdiction requires specific focus on the authority of the court over a general class of cases, rather than on the particular facts of an individual case. Stated differently, a challenge to subject matter jurisdiction is proper only when the court lacks authority to hear a class of
Likewise, we disagree that the judgment of adoption is void. "A void judgment is so defective that it is deemed never to have had legal force and effect." Sterling Factors Corp. v. U.S. Bank Nat'l Ass'n, 968 So.2d 658, 665 (Fla. 2d DCA 2007). As a nullity, "[a] void judgment may be attacked" pursuant to Florida Rule of Civil Procedure 1.540(b)(4) "at any time because the judgment creates no binding obligation on the parties." Fisher v. State, 840 So.2d 325, 331 (Fla. 5th DCA 2003) (emphasis omitted). In general, a void judgment is entered without subject matter or personal jurisdiction. Zitani v. Reed, 992 So.2d 403, 408 (Fla. 2d DCA 2008); Sterling Factors Corp., 968 So.2d at 665; Palmer v. Palmer, 479 So.2d 221, 221 (Fla. 5th DCA 1985) ("If a court has subject matter jurisdiction and that jurisdiction has been properly invoked by pleadings and properly perfected by service of process, its judgments, although erroneous as to law or fact and subject to reversal on appeal, are nevertheless not void."). On the other hand, a voidable judgment is one that has been entered based upon some procedural error that allows a party to have the judgment vacated, but it has legal force and effect unless and until it is vacated. Zitani, 992 So.2d at 409. A party may challenge a voidable judgment by motion for rehearing or appeal, and it may be subject to collateral attack under specific circumstances, but it cannot be challenged at any time as void under rule 1.540(b)(4). Sterling Factors Corp., 968 So.2d at 665.
Because the finality of judgments is favored, it is well established that errors, irregularities and even wrongdoing in the proceeding do not render a judgment void when the court has jurisdiction and the parties had an opportunity to be heard. Curbelo v. Ullman, 571 So.2d 443, 445 (Fla.1990); State ex rel. Fulton Bag & Cotton Mills v. Burnside, 153 Fla. 599, 15 So.2d 324, 326 (1943); see also In re Adoption of M.A., 930 A.2d 1088, 1091 (Me. 2007) (determining that whether same-sex couple filed joint or individual petitions to adopt, court's subject matter jurisdiction over adoptions was not affected, and thus, court erred in dismissing adoption). "If a court has jurisdiction in a case but simply errs in its decision, its action is merely voidable and, if not timely corrected, is final and binding." Fla. Power & Light Co., 423 So.2d at 423 n. 5. Here, the circuit court had personal jurisdiction over the parties (invoked by the petition filed by both women), and subject-matter jurisdiction to act on petitions for adoption, and thus, the court erred in concluding that the final judgment of adoption was void. The court's focus on the parties' status as unmarried adults and the erroneous caption of the petition as being a step-parent adoption was misplaced. These are pleading and procedural deficiencies, not jurisdictional
The circuit court possesses inherent jurisdiction to determine issues related to a child's custody and enter any orders appropriate to the child's welfare. Richardson v. Richardson, 766 So.2d 1036, 1043 (Fla.2000); see Hinz v. Johnson, 14 So.3d 275, 275 (Fla. 5th DCA 2009) (recognizing that trial court has inherent jurisdiction to determine issues regarding child's custody and that jurisdiction is not dependent on case having originated under particular statute). The circuit court's final judgment did not run afoul of the court's power to enter judgments of adoption.
Finally, in seeking to set aside the final judgment, C.P. would have us ignore her role in procuring the adoption. G.P. and C.P. jointly sought to make G.P. a co-equal legal parent of D.P.P., and both joined in the adoption petition. D.P.P. regards both C.P. and G.P. as parents, and all three lived as a family for years. C.P. is estopped to argue otherwise.
In general, the doctrine of estoppel prevents a person from unfairly asserting
Consistent with this longstanding principle, more than sixty years ago, in In re McLaughlin, 159 Fla. 16, 30 So.2d 632 (1947), the Florida Supreme Court rejected a challenge to an adoption judgment, holding that the doctrine of estoppel precluded a party who petitioned for an adoption from later seeking to void it. The supreme court declined to find error in a circuit court order that read:
Id. at 632.
Similarly here, it would be unconscionable to allow C.P. to invoke the jurisdiction of the court for the sole purpose of creating a parent-child relationship between G.P. and D.P.P. and then to allow her to destroy that same relationship because her relationship with G.P. has ended. See Parker v. Parker, 950 So.2d 388, 393-94 (Fla.2007) ("The law should discourage adults from treating children they have parented as expendable when their adult relationships fall apart. It is the adults who can and should absorb the pain of betrayal rather than inflict additional betrayal on the involved children."); T.M.H. v. D.M.T., 79 So.3d 787, 802-03 (Fla. 5th DCA 2011) ("Parental rights, which include the love and affection an individual has for his or her child, transcend the relationship between two consenting adults[.]"), approved in part, disapproved in part, 129 So.3d 320 (Fla.2013); Perez v. Perez, 769 So.2d 389, 392 (Fla. 3d DCA 1999) ("Children should not be `played' as if in a game of ping-pong....").
REVERSED and REMANDED for further proceedings.
TORPY, C.J. and EVANDER, J., concur.