Legal Question in Family Law in Florida
Given Name Change
My ex-wife and I agreed on a name for our son months before he was born, and told all of our family and friends about it.
Skipping ahead to the day she filed for divorce, also the day our son was born, she had mostly refused to talk to me for the previous month, and nothing was ever discussed regarding any plans to deviate from the name we had picked.
The day he was born, she kept me out of the hospital room, kept my son away from me for all but about 15 minutes, and put a different name on his birth certificate, without my knowledge. I didn't even find out about it until I went to vital statistics to get the birth certificate.
Specifically, she put the first name as his middle name, and give him her boyfriend's name as his first name.
In the divorce, I asked to have the name changed, but the judge refused to change the name without hearing any argument on the issue.
My question is, can I still file for a name change and request a hearing on this?
1 Answer from Attorneys
Re: Given Name Change
Sounds like you didn't have a lawyer for your divorce. Not having a divorce lawyer can be an expensive mistake.
Normally, the issue of the child's name is settled as part of the divorce. I'm not sure why the judge didn't handle it in your case. You should speak to a divorce lawyer about re-opening your divorce case to handle the issue, if the case can still be re-opened.
You could try filing a name change lawsuit, but technically a name change requires the consent of both parents.
Also, are you sure the child is yours and not the boyfriend's? Just a thought given that she gave the child his name. If the child is his, it may end the issue (and your child support).
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