Legal Question in Family Law in Florida
Child's name chnge
I have a 7 1/2 yr old child, was not married, added his biological dad to the birth certificatewhen the child waas 1 1/2. I have since been married, we have a child together, and are planning another. My 7 1/2 yr old son would like to have the same last name as me, his brother and the man he considers his dad(my husband) The biological father has not seen him in two years, and dropped a paternity suit last year when trying to get visitation. Is there law that supports my sons wish to have his name changed, when it is in his best interest, if we can not get the ''bio-dad'' to sign the name-change forms?
1 Answer from Attorneys
Re: Child's name chnge
Both parents must agree to the name change of their child. The other way to change his name is for your current husband to adopt him. You son's father would have to be notified and may have to approve the adoption, unless it is proven that father abandoned child, i.e. no visits or child support. If found to have abandoned your son than your husband could adopt and have your son's name changed. Feel free to contact me for more information.