Legal Question in Family Law in Florida
name change of a minor
I have a 4 year old daughter from a previous relationship, we were never married. Her biological father's last name and mine are on her birth certificate. He has not seen her or provided any support since she was 7 months old. I am now married and I took my husband's last name. We would like for her to have our last name. What would be the process? Does the biological father need to give consent? My husband has provided for my daughter since she was 1 year old. He would also like to adopt my daughter.
2 Answers from Attorneys
Re: name change of a minor
You would need to file the appropriate petitions in court. I am assuming that if served your ex will not answer because he does not care. Maybe you could combine this with a child support issue as well as a strategy. Well, you will not be able to do this on your own. It is complicated. Contact us if you need further assistance.
Re: name change of a minor
Unless her biological father's rights are terminated (a difficult process that may not be possible and would probably have to involve your new husband adopting, even if possible), you would have to have the biological father's consent.
You may be able to file the name change paperwork and simply serve the biological father with the paperwork. Assuming he doesn't respond, some judges consider the failure of the biological father to respond the equivalent of implied consent.
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