Legal Question in Family Law in Florida

Re: changing minor childs name without non-custodial parents permission

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This is a two step procedure requiring two separate actions. If the father remains absent from the child's life, you may be able to achieve your goals.

You will first need to file a Petition for Termination of Parental Rights in your local circuit court. In this legal proceeding you will ask the Court to determine that the natural father has been absent from the child's life and not contributed to the development of the minor child. The natural father will have the opprortunity to respond and be heard by the Court. You will have to obtain personal service of the Petition upon him or provide a reasonable explanation why not.

Secondly, you will then have to file a Petition for Stepparent Adoption. The Courts generally look very favorably upon these petitions and will readily grant them upon a proper case being made.

The first step is a very complicated legal proceeding and I strongly recommend that you consult and retain a family law attorney in order to commence an action. He/she can answer your specific questions ane will know how to handle this case and will provide invaluable guidance.

Scott R. Jay, Esq.