Can I Change My Last Name Remotely Due to Disability?

Question from Terri, Can I Change My Last Name Remotely Due to Disability?

Answer from AI:

If you are handicapped and bedridden but wish to change your last name in Florida, you may be wondering about the process and whether you can do it without appearing in court in person. Here’s a general overview of what the process might involve and how your disability could be accommodated.

Understanding the Name Change Process in Florida

In Florida, changing your last name is a legal process that typically requires you to:

1. File a petition for a name change in the circuit court of the county where you reside.
2. Get your fingerprints taken for a background check.
3. Attend a hearing where a judge will decide whether to grant your name change.

This process is required regardless of the reason for the name change, except in cases of marriage or divorce where the name change can be included as part of those proceedings.

Accommodations for Disability

The Americans with Disabilities Act (ADA) requires courts to provide reasonable accommodations to individuals with disabilities. If you are unable to appear in court in person due to being bedridden, you may request an accommodation such as a video or telephone appearance.

To request an accommodation, you should:

• Contact the court where you will be filing your petition as soon as possible.
• Explain your situation and your need for an accommodation due to your disability.
• Provide any necessary documentation that supports your request.

The court will then consider your request and inform you of the available options. It’s important to note that the court’s ability to accommodate your request may vary depending on the technology available and the specific policies of the court.

Steps to Take

1. Prepare Your Petition: You will need to prepare a petition for a name change, which includes your current name, the name you wish to adopt, and the reasons for the change.
2. File Your Petition: File the petition with the appropriate court, along with any required fees.
3. Request an Accommodation: At the time of filing or as soon as possible, request an accommodation for your disability that would allow you to attend the hearing remotely.
4. Attend the Hearing: If your request for an accommodation is granted, attend the hearing via the agreed-upon method (video or telephone).

Legal Advice and Assistance

While this information provides a general overview, individual circumstances can vary greatly, and the legal process can be complex. It is advisable to consult with a legal professional who can provide personalized advice and assistance tailored to your specific situation.

For more information on the name change process in Florida, you can refer to the Florida Courts Family Law Forms, which include the forms and instructions for filing a petition for a name change.

Remember, it’s important to act in accordance with the law and court procedures, and seeking legal advice can help ensure that your rights are protected and the process goes smoothly.