AboutMelanie Nathan Expertise I AM ACCEPTING QUESTIONS FROM PEOPLE IN CALIFORNIA ONLY OR QUESTIONS REGARDING CALIFORNIA.
As a Mediator with a high settlement record, I am able to answer questions about negotiation, strategy, mediation, how to choose a divorce lawyer, choices and paths to take when embarking upon a family law matter. Also able to give extensive and creative co-parenting solutions. Custody, division of property, child support, spousal support, divorce process and procedure, in a neutral and non advisory fashion.
I am unable to give direct legal advice on the internet and hope that all answers are viewed in the context of the limitations of this type of forum. I will endeavor however to provide an informative answer that is educational by nature. I have developed a unique form of Family Law Mediation and document assistance and provide my services through the Company I founded in 2000, PRIVATE COURTS.
I utilize my experience as a divorce coach. Most people do not know what this is and you can read about it on my website at: http://www.privatecourts.com/divorcecoaching.html
I draw your attention to this because it may be a good idea to recommend this newish modality to persons going through divorce.
Please do not ask questions if you do not intend checking to see them. Also rating the answers is helpful to the expert and to other questiners. Thanks for your understanding.
PLEASE IF YOU ASK A QUESTION COME BACK AND CHECK THE ANSWER - EXPERTS TAKE A LOT OF TME DOING THIS SERVICE AND ITS DEMORALIZING IF YOU DONT READ THE ANSWERS...THANKS.
Experience Twenty five years as a lawyer, business owner, and mediator.
Organizations VP on Board of Fair Housing of Marin. (FHOM) Various ADR Panels and membership organizations. See website fr details www.privatecourts.com
LGBT - www.divorcemediator.us
Advocacy and blogging www.oblogdeeoblogda.wordpress.com
Question I was granted full custody of my Daughter 16 years ago. At the time of her birth I gave her my maiden name. Several years ago the State of Florida caught up with my ex-husband for back child support. We had a legal agreement drawn up that he gave up any rights to her in exchange for no past, present or future child support payments. It was filed with the courts. My Daughter would like to change her last name (my maiden name) to my Husband of 4 years without the cost of adoption proceedings. Am I still required to have her biological fathers consent even though he legally gave up rights.
Answer Please do not rely on my answer because it is only an opinion. I do not have any specifics about the Florida Courts and FL laws in this regard. I do not think you need anything from him. No consent necessary. The reason is because he gave up parental rights and he probably will not be in the picture to object. Name change and adoption are clearly different. By taking the new name, her step-parent has no parental rights - its a mere name change. She has a legitimate reason as do you the consenting parent to want to change her name and that simply would be uniformity with her mom, that is you! She is also old enough to tell a judge what she wants if it ever comes to that. I would guess that you can find name change forms at your county court. You would follow the directions and file on her behalf as her only legal parent.
If there is a place to say you are the only legal parent you would be telling the truth. Most name changes involve advertising fro reasons of creditors - not sure you would need that because a minor cannot enter into legal contracts.)
If asked for reasons why
1. Daughter wants to change her name to this new name and you as sole legal parent consent
2. You as a mother want it to provide uniformity with your name
3. This is the name of her step-father and there is no other father in her life either legally or physically.
