Petitions for Approval of Settlements of Minors

In many situations, parents or guardians settling a lawsuit or claim on behalf of a child are required to petition the court for approval of the settlement before any of the settlement proceeds may be paid out.

At Brett Legal, we handle petitions to approve settlements of minor children including settlements for cases in litigation as well as pre-suit cases where a lawsuit has not been filed. Our services range from drafting the petition and all the supporting paperwork to obtain the order approving the settlement to providing guardian ad litem services.

Brett Legal works with the parties and guardians to meet the court’s requirements for the settlement proceeds to be distributed in a timely manner.

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 FAQs

  • A child under the age of 18 who has never been legally married or emancipated is considered a minor child.

  • In Florida, approval of minor settlements is generally required when there is a settlement in a lawsuit for a child who is under the age of 18 (minor child).

    If no lawsuit has been filed on behalf of the minor child but the settlement is over $15,000, approval is also required.

  • Since minors in Florida are treated as being legally incapacitated, they cannot legally enter into binding contracts or make decisions about their own finances. When there is a claim or lawsuit involved that leads to a settlement, courts evaluate whether the settlement is in the best interest of the minor child to protect the child.