Legal Question in Family Law in Florida

Re: name change ..adoption

You need to file a step parent adoption. If your daughter's biological father will sign a consent to the adoption it will save you a lot of hassle.

Re: name change ..adoption

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You have two options:

If your daughter only wants to use her stepfather's name, she can file a Petition for Name Change which is a relatively simple action. She has to set forth the reasons for the name change. Based on the fact that she is still a minor, the Court may require your approval.

Alternatively, if she wants to have your husband named as her father (and he is willing to accept all the repsonsibility of a natural father) you can file a Petition for Termination of Parental Rights of the natural father with an action for Step Parent Adoption afterwards. Your husband cannot adopt her unless the natural father's rights have been legally extinguished as set forth in Chapter 63 of the Florida Statutes. This can be done even if the natural father objects upon certain circumstances.

The second alternative is far more involved and I strongly suggest you consult a local family law attorney.

Scott R. Jay, Esq., 305-249-8000