Legal Question in Family Law in Florida
Name change of a minor without an adoption taking place
I have had sole custody of my 15-year old daughter since she was two. We moved here from Toronto, Canada in 1994 with my current husband, her stepfather. Her biological father is still involved in her life in terms of visitation and support, but my daughter would like to change her last name to her stepfather's. Is this possible under Florida Law? Under Ontario law, a name change may be made without an adoption taking place, but since we now are Permanent Residents of Florida, we were told we would have to follow the law in Florida. Would a name change without adoption be possible, and if so, what are the procedures and costs involved?
2 Answers from Attorneys
Re: Name change of a minor without an adoption taking place
Frankly, I am not sure of the answer. Under Florida law, a name can be changed for any reason so long as the purpose is not to deceive creditors. A petition must be filed with the Circuit Court in your area. A hearing is then set before the assigned judge who will make the final determination. It will be up to the judge assigned to the case to make the final decision.
I would question why your daughter would want to slight her father who is paying child support and maintaining visitation. Perhaps counseling might be prudent so that any ill feelings to her biological father can be explored.
The filing fees vary from circuit to circuit. You can call your local clerk's office to obtain the exact amount. It is no longer necessary to publish in the legal newspapaper as was once required.
Scott R. Jay, Esq. (305) 249-8000
Re: Name change of a minor without an adoption taking place
Since your daughter is under the age of 18 she must have the consent of both parents to change her name.
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