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Fl Minor Name Change

Family Law Discussion Forum

Fl Minor Name Change

Postby Josiah » Wed Nov 30, 2016 10:52 pm

I am a single mother w/ 2 children my daughter has my last name and I have never been married. My son however will be 4 soon and has his father's last name. I was very pressured into calling him after his father despite(very stupid of me but I was scared) the fact that I thought it was a horrible name and I wasn't allowed to even choose any part of it. he was to be named  "First Middle Last IV" and follow right down the line! my son only goes by his middle name and doesnt even know his first name. My brother recently passed away and now there is no male in my entire family(not cousins, uncle etc) to carry on my last name. My ex on the other hand has many brothers, uncles and over 19 cousins with his last name. In addition, his father lives in another state and doesnt see him that much. As far as "in the best interest of the child" what are the requirements or  things judges look for? Is this a legit cause? I fear filing this name change for my son because whenever I ask my ex he insists he will contest it. Do I truly have good reason here?
Josiah
 
Posts: 32
Joined: Fri Apr 11, 2014 1:58 am

Fl Minor Name Change

Postby taliesin39 » Sat Dec 03, 2016 6:22 am

Liz:

DISCLAIMER:

I AM NOT A LAWYER or ATTORNEY. I am someone who has experience with family law issues, and am sharing my OPINION only. For the exact law as it pertains to your specific case contact a Professional Attorney in your area/county.

Because of the complexity of your case specifically child carries Dads last name: I recommend hiring a Professional Attorney: Most Attorneys offer 1/2 free consultation time to discuss case and payment options.

Here is the law in Florida with reference to Name Change:

Florida Name Change Law

68.07 Change of name.

(1) Chancery courts have jurisdiction to change the name of any person residing in this state on petition of the person filed in the county in which he or she resides.

(2) The petition shall be verified and show:

(a) That petitioner is a bona fide resident of and domiciled in the county where the change of name is sought.

(b) If known, the date and place of birth of petitioner, petitioner's father's name, mother's maiden name, and where petitioner has resided since birth.

(c) If petitioner is married, the name of petitioner's spouse and if petitioner has children, the names and ages of each and where they reside.

(d) If petitioner's name has previously been changed and when and where and by what court.

(e) Petitioner's occupation and where petitioner is employed and has been employed for 5 years next preceding filing of the petition. If petitioner owns and operates a business, the name and place of it shall be stated and petitioner's connection therewith and how long petitioner has been identified with said business. If petitioner is in a profession, the profession shall be stated, where the petitioner has practiced the profession and if a graduate of a school or schools, the name or names thereof, time of graduation, and degrees received.

(f) Whether the petitioner has been generally known or called by any other names and if so, by what names and where.

(g) Whether petitioner has ever been adjudicated a bankrupt and if so, where and when.

(h) Whether petitioner has ever been convicted of a felony and if so, when and where.

(i) Whether any money judgment has ever been entered against petitioner and if so, the name of the judgment creditor, the amount and date thereof, the court by which entered, and whether the judgment has been satisfied.

(j) That the petition is filed for no ulterior or illegal purpose and granting it will not in any manner invade the property rights of others, whether partnership, patent, good will, privacy, trademark, or otherwise.

(k) That the petitioner's civil rights have never been suspended, or if the petitioner's civil rights have been suspended, that full restoration of civil rights has occurred.

(3) The hearing on the petition may be immediately after it is filed.

(4) On filing the final judgment, the clerk shall, if the birth occurred in this state, send a report of the judgment to the Office of Vital Statistics of the Department of Health on a form to be furnished by the department. The form shall contain sufficient information to identify the original birth certificate of the person, the new name, and the file number of the judgment. This report shall be filed by the department with respect to a person born in this state and shall become a part of the vital statistics of this state. With respect to a person born in another state, the clerk shall provide the petitioner with a certified copy of the final judgment.

(5) If the petitioner is a convicted felon, the clerk must, upon the filing of the final judgment, send a report of the judgment to the Florida Department of Law Enforcement on a form to be furnished by that department. The report must contain sufficient information to identify the original criminal record of the petitioner, the new name of the petitioner, and the file number of the judgment. With respect to a person convicted of a felony in another state or of a federal offense, the Florida Department of Law Enforcement must send the report to the respective state's office of law enforcement records or to the office of the Federal Bureau of Investigation.

(6) A husband and wife and minor children may join in one petition for change of name and the petition shall show the facts required of a petitioner as to the husband and wife and the names of the minor children may be changed at the discretion of the court.

(7) When only one parent petitions for a change of name of a minor child, process shall be served on the other parent and proof of such service shall be filed in the cause; provided, however, that where the other parent is a nonresident, constructive notice of the petition may be given pursuant to chapter 49, and proof of publication shall be filed in the cause without the necessity of recordation.

(8) Nothing herein applies to any change of name in proceedings for dissolution of marriage or for adoption of children.

Work with Attorney.

Kind Regards,

Jeff
taliesin39
 
Posts: 61
Joined: Wed Sep 25, 2013 4:35 am

Fl Minor Name Change

Postby logen » Tue Dec 06, 2016 11:07 am

I am a single mother w/ 2 children my daughter has my last name and I have never been married. My son however will be 4 soon and has his father's last name. I was very pressured into calling him after his father despite(very stupid of me but I was scared) the fact that I thought it was a horrible name and I wasn't allowed to even choose any part of it. he was to be named  "First Middle Last IV" and follow right down the line! my son only goes by his middle name and doesnt even know his first name. My brother recently passed away and now there is no male in my entire family(not cousins, uncle etc) to carry on my last name. My ex on the other hand has many brothers, uncles and over 19 cousins with his last name. In addition, his father lives in another state and doesnt see him that much. As far as "in the best interest of the child" what are the requirements or  things judges look for? Is this a legit cause? I fear filing this name change for my son because whenever I ask my ex he insists he will contest it. Do I truly have good reason here?
logen
 
Posts: 50
Joined: Wed May 22, 2013 3:10 pm


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