Name Change

A child may grow up using a name that differs from the name on official records. When a parent seeks to make that change legal, the court must consider the governing statute and the child’s current best interests. A recent Florida decision rejected the idea that a mother lost the right to request a name change because she had not made it during the child’s first year. The court also explained why an earlier unsuccessful petition did not control the later request on this record. A Miami family law attorney can help parents present the evidence supporting a child’s name change.

History of the Case

It is alleged that Suzette Paul petitioned to change her minor child’s first and last name. The father filed an unverified answer opposing the request but did not appear at the final hearing. The mother testified about the child’s preferences at school, limited contact with the father, and her own role as the sole custodial and caregiving parent for nearly all of the child’s life.

Reportedly, the child’s licensed mental health counselor also testified that the change was in the child’s best interest. The evidence established that others knew the child by the desired name and that the child wanted to share the mother’s surname. The trial court nevertheless denied the petition, and the mother appealed. Continue reading ›

In any Florida family law case involving a minor child, the court is obligated to rule in the child’s best interest. Thus, if a party fails to demonstrate how or why their requested relief will benefit the child in question, their request will likely be denied. This was illustrated recently in a Florida ruling in which the court reversed a trial court order denying parents’ unopposed request to change the first name of their minor daughter. If you need assistance with a family law matter involving a minor child, you should seek advice from a Miami family law attorney about your options for pursuing your desired outcome.

Factual Backdrop of the Case

It is alleged that the parents of a seventeen-year-old child filed an unopposed petition to change their child’s first name. The trial court denied their motion after which they filed a motion for rehearing. The trial court denied their motion as well, after which they appealed.

Grounds for Granting a Name Change Request

On appeal, the court affirmed the trial court’s initial order in which it denied the parents’ petition to change the child’s first name but reversed the second order denying the parents’ motion for rehearing. First, the court explained that it reviews trial court decisions in such matters for abuse of discretion. Continue reading ›

Articles Posted in Name Change

Florida Court Examines Grounds for Granting a Minor Child Name Change Request