What is the Law for Changing My Child’s Name After a Divorce in Florida?

Are you a parent with young kids or teenagers who is preparing for a divorce in Pinellas County? You may potentially have questions about changing your child’s name. In Florida, a name change for a child as part of a divorce is possible—but how challenging it will be depends on the specific circumstances of the case. The key factor is whether or not there is parental agreement on the child name change. In this article, our Clearwater name change lawyer provides a guide for changing a child’s name after a divorce in Florida.

Florida Law: Child Name Change After a Divorce 

As a parent who is getting divorced, it is relatively straightforward to change your own name. For example, a mother who wants to go back to her maiden name will generally be able to do so with some simple paperwork submitted during the divorce process. However, the law for changing the name of a child can be more complicated.

Under Florida Statutes § 68.07, a name change must be in the “best interest of the child.” In effect, that means that a divorcing parent in Florida cannot unilaterally change a child’s name after a divorce simply because they want to. They will be required to petition the court. How the court will review the matter depends on a number of case-specific factors.

Child Name Change in a Divorce in Florida (Parental Agreement) 

When both parents agree on the name change after divorce, the process is generally straightforward. A joint petition for name change of a minor can be filed in the circuit court of the child’s residence. The petition must include the child’s current legal name, the proposed new name, the reasons for the change, and a statement of consent from both parents.

Even when both parents agreement, the name change must be deemed in the best interests of the child to be approved. However, in Florida, the court can—and typically will—grant the petition for a child name without a formal hearing if both parents agree. There are some exceptions. A hearing may be required if the judge finds an issue and/or requires some form of clarification.

 Child Name Change in a Divorce in Florida (No Parental Agreement) 

If parents cannot agree on the name change, the process is more complicated. The parent seeking the change must file a petition for name change of a minor child. In doing so, he or she must formally serve notice on the other parent. The opposing parent will have the opportunity to file an objection. A court hearing will be scheduled where both sides can present arguments and evidence.

The judge will determine whether the name change is in the child’s best interests. The best interests of the child standard holds. A Florida judge can consider factors such as the length the child has used the current name, the strength of the parent-child relationship, and any negative effects of the change. The court may also hear from the child—depending on age and maturity. To be clear, a name change will not be granted simply to sever ties with an ex-spouse—it must benefit the child.

Consult With Our Clearwater, FL Name Change Lawyer Today

At the Law Office of Gale H. Moore P.A., our Florida family lawyer has extensive experience with name changes. If you have any questions or concerns about child name changes after a divorce, we are here as a legal resource that you can trust. Please do not hesitate to contact us today for your confidential initial consultation. Our firm serves communities throughout all of Pinellas County.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0068/Sections/0068.07.html