Legal Question in Family Law in Florida

Minor,s name change
Me and my ex-wife had been seperated for 6 months when our youngest son was born. We were still legaly married at the time of his birth. She became involved with another man while we were seperated. Just for the sake of example, We will say this man's name is ''John Jones''. When our son was born, she named our child after him, naming him ''John Jones Jr.'' and left the space on the birth certificate for the father's name blank. There is no doubt that the child is mine, and she openly admits that he is mine also.

My question is: Is this legal to do on her part? Also, I want to have the name changed as you could well imagine, this has caused nothing but confusion and strife. I have now, and have always had a continuous relationship with my son and have him 3 days every week, but I have always wanted the mother to choose a name with me that both her AND I agree on together, but she would have no part of it,and refused to agree to the change, Now the child is 4 yrs old, and I wonder if even though it is obvious that the mother is beyond being reasonable, that the court might deny changing the name due to that being his name 4 yrs now. In otherwords, is she going to get away with it because of my patience and her stubborness?

Asked on 6/10/04, 2:23 pm

David Slater David P. Slater, Esq.

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Re: Minor,s name change

A court order is required and the delay may be a factor to be considered.

Answered on 6/10/04, 2:33 pm

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