Legal Question in Family Law in Florida

changing minor childs name without non-custodial parents permission

I was divorced in 2001. I have two minor children with my exhusband. We have not seen or heard from him since he left our home three months prior to our divorce. I have never received child support from my childrens father. I have remarried and my current husband wants to adopt the children or just have their names changed to my married name. Do I have to have an attorney to do this? What if we cant locate the biological father? Thank you, Angie Stewart


Asked on 12/17/05, 11:10 am

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

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

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

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.

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Answered on 12/17/05, 2:40 pm


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