Florida Statute 68.07 addresses the requirements for a name change. As an adult, you will need to file the Petition for Change of Name and submit your fingerprints for a state and national criminal records check. Once the clerk has received the results of your criminal history records check then you can request a hearing on your Petition for Change of Name. If you are seeking to complete this process pro se (without the assistance of an attorney) then you may want to bring the Final Judgment for Change of Name form with you to the final hearing. Once your name is changed you should update all items so that the correct name is reflected such as your driver’s license, SSN, bank accounts, etc.
You will have to pay the cost of filing the Petition for Change of Name as well as the cost of processing the fingerprints and conducting the records check.See question
If you are unable to obtain an address for your husband and he has not yet been served with the dissolution action, you may choose to file an Affidavit of Diligent Search. If you complete a majority of the actions listed within the Affidavit of Diligent Search you may file an Affidavit of Diligence Search with the Manatee Clerk of Court and move forward with your Dissolution of Marriage action. The Affidavit of Diligent Search is a document that gives numerous ways to try to ascertain your husband’s address so that he can be served and have notice of the action filed against him. Providing notice to the opposing party is an extremely important step in moving any action forward. With that said, the Court will not make you remain married to a man that has left and made it difficult for you to serve him. The court should be able to enter a judgment on the issues of your case that do not apply to the minor child (i.e. timesharing, parental responsibility, etc.) and reserve the issues pertaining to the minor child for later determination should your husband ever return. You mentioned running the notice of the action in the paper as instructed – have you filed proof of that publication with the Court? You can be patient or seek legal counsel to help you move your case along in a more timely manner.See question
Florida Statute 743.07(1) sets out that, “the disability of nonage is hereby removed for all persons in this state who are 18 years of age or older, and they shall enjoy and suffer the rights, privileges, and obligations of all persons 21 years of age or older except as otherwise excluded by the State Constitution immediately preceding the effective date of this section and except as otherwise provided in the Beverage Law.”
You are considered an adult when you turn 18. With that said, I agree with above counsel that you may want to consider the advice of your adoptive parents who hopefully have your best interest in mind when providing you advice.See question
Florida Statute 68.07 addresses the requirements for a name change. At least one parent must file the Petition for Change of Name. If only one parent files, then non-petitioning parent will need to consent to the name change and sign a Consent for Change of Name (Minor Child) before a notary or clerk. If consent is not obtained prior to filing (if the father does not sign) then non-petitioning parent will need to be served with the action. Proof of service will need to be filed in the action. Florida Statute 68.07(8) allows constructive notice for a nonresident parent pursuant to chapter 49 and proof of such publication to be filed.
You can try to file for a Name Change without the father having to sign by filing the Petition for Change of Name, serving the father with notice of the action, filing the proof of service on the father with the clerk of court, and hope that the father does not respond to the action or appear at the final hearing to contest the name change. Or, your son he can wait until he reaches the age of majority and file on his own without the consent of either parent.See question
Florida statute 741.30(6)(a)5. gives the Court the power to order a respondent in an injunction case to participate in a BIP:
741.30 (6)(a) Upon notice and hearing, when it appears to the court that the petitioner is either the victim of domestic violence as defined by s. 741.28 or has reasonable cause to believe he or she is in imminent danger of becoming a victim of domestic violence, the court may grant such relief as the court deems proper, including an injunction:
5. Ordering the respondent to participate in treatment, intervention, or counseling services to be paid for by the respondent. When the court orders the respondent to participate in a batterers’ intervention program, the court, or any entity designated by the court, must provide the respondent with a list of batterers’ intervention programs from which the respondent must choose a program in which to participate.See question
If you and your spouse reached an agreement and resolved all the issues in your dissolution then whomever filed the Petition can appear at the final hearing. Also if the Respondent filed an Answer and Waiver then the Respondent would not have to appear at the final hearing and the Court will forward the Final Judgment to him or her. If all the issues in your dissolution have not been addressed and resolved then it may be necessary for the court to hear testimony from both parties to render a final judgement. An Injunction for Protection would not prevent the opposing party to be heard in Court if necessary for the Court to enter an Order/Final Judgment.See question
Florida Statute 68.07 addresses the requirements for a name change. At least one parent must file the Petition for Change of Name. If only one parent files, then non-petitioning parent will need to consent to the name change and sign a Consent for Change of Name (Minor Child) before a notary or clerk. If consent is obtained prior to filing the Petition the consent should be attached to the petition. If consent is not obtained prior to filing then it may be filed with the clerk after it has been obtained and completed.
The non-petitioning parent will need to be served with the action. Proof of service will need to be filed in the action. Florida Statute 68.07(8) allows constructive notice for a nonresident parent pursuant to chapter 49 and proof of such publication to be filed.See question
So it would be strongly advisable to seek the advice of an attorney as soon as possible since two other state courts aren’t completely sure how to address and resolve this issue.
New York state and California are tackling the issue of jurisdiction and the move of a pregnant mother. Olympic skier Bode Miller and Sara A. McKenna had a relationship, Ms. McKenna became pregnant, the relationship deteriorated, Ms. McKenna moved to New York, and Mr. Miller accused Ms. McKenna of fleeing and absconding with his unborn child. Initially, the California court took jurisdiction and granted custody of the child to Mr. Miller. Once the child was born, Ms. McKenna filed for temporary custody in New York and the lower court declined to grant temporary custody. BUT, an appeals court in New York found that jurisdiction is more appropriate in New York and that Ms. McKenna’s rights had been violated. The parties reached an agreement for “time-sharing” of their son prior to their last court hearing. Advocates interested in this case are concerned with protecting a pregnant woman’s constitutionally protected right to move freely.See question
The Final Judgment of Injunction for Protection usually reads that a Respondent shall have no contact with Petitioner in person, by mail, e-mail, fax, telephone, THROUGH ANOTHER PERSON, or in any other matter. Further, RESPONDENT SHALL NOT CONTACT OR HAVE ANY THIRD PARTY CONTACT anyone connected with Petitioner’s employment of school to inquire about Petitioner OR TO SEND ANY MESSAGES TO PETITIONER.
It sounds like you may be the Respondent in the Injunction matter. It is possible the Court may find that you were trying to contact the Petitioner through your friend, to the Petitioner’s wife, who may pass along the message to the Petitioner. That is a lot of passed messages. To avoid any problems, and to make your life easier, I would suggest not passing any messages. I would ask you friends and family members to help you out by not contacting Petitioner or anyone close to Petitioner. You do not want the Petitioner filing a Violation of Injunction for Protection and having to go before the Court to provide your side of the story. Do NOT contact Petitioner in any way.See question
You may want to file a Petition for Temporary Custody by Extended Family under Chapter 751. If your sister in law was just sentenced to prison for 18 months and the children are already in your care and you have being caring full time for the children in the role of a substitute parent it is possible she will give her consent to temporary custody. You would not be asking the court to take custody away from your sister in law for the end of time, just on a temporary basis. You will also need to get the consent of the biological father or file the action and set forth the reason why it is in the best interest of the children for them to remain in your care as opposed to their biological father. Because it is only a temporary situation the biological parents may be more likely to consent to the temporary custody.
This is a very delicate situation. On one hand, if the biological father is not around filing a Petition for Temporary Custody may be akin to waking a sleeping dog and he may become interested in caring for the children at this point. On the other hand, you would need a court order granting you custody or temporary custody in order to help your niece and nephew with medical care, schooling and the like. If the father is unable to be found you may be able to have him constructively served. An attorney would best be able to guide you through such an action so that you can ensure you file all the required documents, allege all the correct facts, and help you to help your family during this difficult situation.See question