Florida Statute 743.015 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLIII
DOMESTIC RELATIONS

Chapter 743
DISABILITY OF NONAGE OF MINORS REMOVED

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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.

(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.

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Amendments to 743.015

Annotations, Discussions, Cases:

Cases Citing Statute 743.015

Total Results: 4 | Sort by: Relevance | Newest First

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Lane v. Mra Holdings, LLC, 242 F. Supp. 2d 1205 (M.D. Fla. 2002).

Cited 15 times | Published | District Court, M.D. Florida | 2002 U.S. Dist. LEXIS 24111, 2002 WL 31940726

...wide-spread publication of her image. a. Lane's Capacity to Consent In support of her argument of lack of capacity to consent, Lane cites to Fla. Stat. § 743.07, [37] which removes the disabilities of a minor at the age of 18, and *1216 Fla. Stat. § 743.015 [38] , which sets forth a specific procedure for removing the disabilities of a minor prior to obtaining the age of the majority....

...rivileges, 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." [38] Fla. Stat. § 743.015 provides "[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 ......

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Flm v. Dep't of Child. & Fams., 912 So. 2d 1264 (Fla. 4th DCA 2005).

Cited 13 times | Published | Florida 4th District Court of Appeal | 2005 WL 2861560

...(2004) ("The disability of nonage of a minor who is married or has been married or subsequently becomes married ... is removed."). But there is nothing in the record that this child has ever married. Another statute allows for minors to petition a court through a guardian to be treated as adults. § 743.015, Fla....

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Dep't of Revenue ex rel. Baculik v. Baculik, 719 So. 2d 1008 (Fla. 4th DCA 1998).

Published | Florida 4th District Court of Appeal | 1998 WL 754576

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

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Campbell v. State, 771 So. 2d 1205 (Fla. 2d DCA 2000).

Published | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 13510, 2000 WL 1532910

...s by which one or more of the disabilities of nonage can be removed. Two of these sections provide for emancipation— that is, the removal of all disabilities of nonage. See § 743.01, Fla. Stat. (1997) (allowing for emancipation through marriage); § 743.015, Fla....