Legal Question in Family Law in Florida
My daughter has a 4 year old son. She was single at the time. When the hospital did the birth certificate, they left off the father's name so right now it's only showing her name. The biological father is now in jail and looks like he's going to be there for awhile. He's had no contact with his son for about 3 1/2 years. My daughter is now remarried and her husband would like to get my grandson's last name changed to his and to adopt if necessary. Since there was no name put on the birth certificate, what does she need to do to make this happen? Would it be illegal for her to put her new husband's name on the birth certificate?
1 Answer from Attorneys
It wouldn't be illegal to change her son's name, but the biologial father has the right to object. Her new husband can adopt, but again, the biological father can object. His objection to the adoption can be overruled if his sentence will consist of most of the child's minority.
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