Legal Question in Family Law in Florida

Re: change of last name

This may be a bit more complicated than you think.

You can do the change of name, but have you considered that your husband/step-dad can adopt the child? However, it still requires notice/and permission by the bio dad. May have to execute a dilgent search, that bio dad cann and/or publish notice in a newspaper about the change of name or adoption.

Sounds like your new husband is fully committed to supporting this child

Re: change of last name

This may be a bit more complicated than you think.

You can do the change of name, but have you considered that your husband/step-dad can adopt the child? However, it still requires notice/and permission by the bio dad. May have to execute a dilgent search, that bio dad cann and/or publish notice in a newspaper about the change of name or adoption.

Sounds like your new husband is fully committed to supporting this child

Re: change of last name

This may be a bit more complicated than you think.

You can do the change of name, but have you considered that your husband/step-dad can adopt the child? However, it still requires notice/and permission by the bio dad. May have to execute a dilgent search, that bio dad cann and/or publish notice in a newspaper about the change of name or adoption.

Sounds like your new husband is fully committed to supporting this child

Re: change of last name

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You will have to file a Petition for Name Change in the circuit court in your jurisdiction. Generally, a court will not allow a child's last name to be changed without the father's permission. Perhaps a judge will agree based on your circumstances if you can prove that the father has left the country and cannot be found but you will probably have to lay out exactly what you have done to locate the father and give him notice of the proceeding. You should hire an attorney to represent you in this matter.

Scott R. Jay, Esq.