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Florida Statute 743.015 | Lawyer Caselaw & Research
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F.S. 743.015 Case Law from Google Scholar Google Search for Amendments to 743.015

The 2024 Florida Statutes

Title XLIII
DOMESTIC RELATIONS
Chapter 743
DISABILITY OF NONAGE OF MINORS REMOVED
View Entire Chapter
F.S. 743.015
743.015 Disabilities of nonage; removal.—
(1) A circuit court has jurisdiction to remove the disabilities of nonage of a minor age 16 or older residing in this state upon a petition filed by the minor’s natural or legal guardian or, if there is none, by a guardian ad litem.
(2) The petition shall contain the following information:
(a) The name, address, residence, and date of birth of the minor.
(b) The name, address, and current location of each of the minor’s parents, if known.
(c) The name, date of birth, custody, and location of any children born to the minor.
(d) A statement of the minor’s character, habits, education, income, and mental capacity for business, and an explanation of how the needs of the minor with respect to food, shelter, clothing, medical care, and other necessities will be met.
(e) Whether the minor is a party to or the subject of a pending judicial proceeding in this state or any other jurisdiction, or the subject of a judicial order of any description issued in connection with such pending judicial proceeding.
(f) A statement of the reason why the court should remove the disabilities of nonage.
(3) If the petition is filed by the natural or legal guardian, the court must appoint an attorney ad litem for the minor child, and the minor child shall be brought before the court to determine if the interest of the minor will be fully protected by the removal of disabilities of nonage. The attorney ad litem shall represent the child in all related proceedings.
(4) If the petition is filed by the guardian ad litem or next friend, service of process must be perfected on the natural parents.
(5) If both parents are not jointly petitioning the court for the removal of the disabilities of nonage of the minor, service of process must be made upon the nonpetitioning parent. Constructive service of process may be used, provided the petitioning parent makes an actual, diligent search to discover the location of, and provide notice to, the nonpetitioning parent.
(6) The court shall consider the petition and receive such evidence as it deems necessary to rule on the petition. If the court determines that removal of the disabilities of nonage is in the minor’s best interest, it shall enter an order to that effect. An order removing the disabilities of nonage shall have the effect of giving the minor the status of an adult for purposes of all criminal and civil laws of the state, and shall authorize the minor thereafter to exercise all of the rights and responsibilities of persons who are 18 years of age or older.
(7) The court shall consider the petition and, if satisfied that the removal of the disabilities is in the minor’s best interest, shall remove the disabilities of nonage; and shall authorize the minor to perform all acts that the minor could do if he or she were 18 years of age.
(8) The judgment shall be recorded in the county in which the minor resides, and a certified copy shall be received as evidence of the removal of disabilities of nonage for all matters in all courts.
History.—s. 25, ch. 92-287; s. 5, ch. 93-230; s. 1064, ch. 97-102.
Note.—Former s. 39.016.

F.S. 743.015 on Google Scholar

F.S. 743.015 on Casetext

Amendments to 743.015


Arrestable Offenses / Crimes under Fla. Stat. 743.015
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 743.015.

Annotations, Discussions, Cases:

Cases Citing Statute 743.015

Total Results: 6

Flm v. Department of Children and Fams.

Court: District Court of Appeal of Florida | Date Filed: 2005-11-02

Citation: 912 So. 2d 1264, 2005 WL 2861560

Snippet: through a guardian to be treated as adults. § 743.015, Fla. Stat. (2004). There was no evidence that

NORTH FLA. WOMEN'S HEALTH SERVICES v. State

Court: Supreme Court of Florida | Date Filed: 2003-07-10

Citation: 866 So. 2d 612, 2003 WL 21546546

Snippet: had the disability of nonage removed under s. 743.015 or a similar statute of another state; 4. Notice

State, Florida Department of Health v. North Florida Women's Health & Counseling Services, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2001-02-09

Citation: 852 So. 2d 254, 2001 Fla. App. LEXIS 1217

Snippet: had the disability of nonage removed under s. 743.015 or a similar statute of another state; 4. Notice

State v. WOMEN'S HEALTH AND COUNSELING SERVICES, INC.

Court: District Court of Appeal of Florida | Date Filed: 2001-02-09

Citation: 852 So. 2d 254, 2001 WL 111037

Snippet: had the disability of nonage removed under s. 743.015 or a similar statute of another state; 4. Notice

Campbell v. State

Court: District Court of Appeal of Florida | Date Filed: 2000-10-18

Citation: 771 So. 2d 1205, 2000 Fla. App. LEXIS 13510, 2000 WL 1532910

Snippet: (allowing for emancipation through marriage); § 743.015, Fla. Stat. (1997) (allowing for emancipation by

Department of Revenue ex rel. Baculik v. Baculik

Court: District Court of Appeal of Florida | Date Filed: 1998-10-30

Citation: 719 So. 2d 1008, 1998 WL 754576

Snippet: or the statutory procedure set forth in section 743.015. Thus, there was no legal basis to conclude that