Can I Change My Child’s Name?

If a parent or guardian is requesting that the Court change the name of a minor child over the objection of one or both parents, the Court must make that determination using the same standard that it uses to determine parental rights, which is the best interests standard.

This typically means that the petitioning parent or guardian must show by substantial and competent evidence that it is in the best interest of the child (necessary for the child’s welfare).

mere allegations or allegations of the parents wishes that the child carry on a name is insignificant to court and will not be enough to establish it is required for the court to change the name of the child to meet the child’s best interests.

For more information call for a free consultation. 239-208-2203.

The Law office of Mary A. Cosmo

www.attorneycosmo.com

Free Consultation and Payment Plans Accepted

239-208-2203

Office in Ft. Myers, Florida and Labelle, Florida

The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. Outcome or results are not guaranteed. The information presented on this website is for advertising purposes only and should not be construed as legal advice. An attorney-client relationship will not be established until we have confirmed our representation of your case in writing.

Can I Amend (fix) my Petition or Complaint?

mistake

Question: Oh NO!  I failed to allege a fact or request a specific result in my Petition, can I fix it after it is filed???

Short Answer: Maybe.

If you made a mistake or did not fill out your Complaint or Petition correctly, you may be able to fix it before it is too late.  For example, in certain instances you are required to plead (make a statement in your initial Complaint or Petition) certain allegations if you want a specific result.  If you are unsure of the result you want, you may not get the result you need if it was never pled (alleged) in your Complaint or Petition.  The good news is, if you have already filed a Petition or Complaint, the Court may allow you to amend your Complaint or Petition.  Depending on when you have filed, if there has been an Answer filed, or if your matter is set for a trial.  The Florida Rules of Civil Procedure, Rule 1.190 (a) is the Rule that allows for Amendments.

Longer Answer:  The Florida Rules of Civil Procedure, Rule 1.190 (a) governs Amending your Complaint or Petition.

“A party may amend a pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has not been placed on the trial calendar, may so amend it at any time within 20 days after it is served. Otherwise a party may amend a pleading only by leave of court or by written consent of the adverse party. If a party files a motion to amend a pleading, the party shall attach the proposed amended pleading to the motion. Leave of court shall be given freely when justice so requires. A party shall plead in response to an amended pleading within 1 0 days after service of the amended pleading unless the court otherwise orders.”

The Court is the judiciary where parties go to (hopefully) end their personal disputes.  The Court is the neutral ground, which makes its determination based on the allegations and evidence presented in each case.   Do not leave out critical allegations or certain requests in your initial Petition or Complaint.  If you realize you need to fix your Complaint, or if you are faced with a Motion to Dismiss, you can “ask” the Court through a “Motion for Leave of Court to Amend.”

If you do not understand your rights or what allegation you should allege, please seek the advice of an attorney who can help you with your matter.

Ex-partner has parental rights: Florida Supreme Court

ladyjustice.jpgMIAMI (Reuters) – By Jane Sutton

A woman who donated an egg to her lesbian partner can share parental rights to the child, the Florida Supreme Court ruled on Thursday.

The 4-3 ruling directs a lower court to work out joint custody and visitation details, based on the best interests of the child, a 9-year-old girl.

“We conclude that the state would be hard pressed to find a reason why a child would not be better off having two loving parents in her life, regardless of whether those parents are of the same sex, than she would by having only one parent,” the majority opinion said.

The dissenting justices said the woman who provided the egg had signed two forms relinquishing any claim to any resulting child, and therefore is not legally her parent. They said the agreement to raise the child together “appears to have been oral” and was never formally executed, so it cannot be enforced…

…Florida does not recognize same-sex marriage or allow homosexuals to adopt. But the justices said the biological mother should have the same constitutionally protected rights as an unmarried biological father who demonstrated a commitment to raising his child by assuming parental responsibilities.

Read the full story here.

Read full Florida Supreme Court Opinion here.

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If you are having visitation issues, I can help.  239-233-0222.  Contact me, your visitation lawyer in Hendry, Glades, Lee, or Collier.

I am a licensed Florida lawyer serving areas in Hendry County: Labelle, Clewiston, Pioneer, Flaghole, Montura, Hooker’s Point; areas in Glades County: Buckhead Ridge, Moore Haven, Lakeport, Palmdale, and Muse; and, areas in Lee County:  Alva, Buckingham, North Ft. Myers, Ft. Myers, and Bonita Springs.
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The hiring of a attorney is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. Outcome or results are not guaranteed. The information presented on this website is for advertising purposes only and should not be construed as legal advice. An attorney-client relationship will not be established until we have confirmed our representation of your case in writing.

Can my ex refuse visitation because I am behind on child support?

Failure to pay child support is not a reason to refuse rightful visitation.  However, it is very difficult to ask a court to award or enforce visitation in the best interest of the child when you have failed to act in the best interest of the child by refusing to pay child support.

If you cannot pay your child support due to an unexpected job loss or financial hardship, you can ask the court for a temporary reduction of your payments.  However, as soon as you are able to pay, you will have to pay back the reduction amount.  Just because you lost your job or you are having financial difficulty your child support obligation does not get excused.
If you are having child support issues, call me at 239-233-0222.  I can help!

I am a licensed Florida attorney serving areas in Hendry County: Labelle, Clewiston, Pioneer, Flaghole, Montura, Hooker’s Point; areas in Glades County: Buckhead Ridge, Moore Haven, Lakeport, Palmdale, and Muse; and, areas in Lee County:  Alva, Buckingham, North Ft. Myers, Ft. Myers, and Bonita Springs.
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The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. Outcome or results are not guaranteed. The information presented on this website is for advertising purposes only and should not be construed as legal advice. An attorney-client relationship will not be established until we have confirmed our representation of your case in writing.