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Changing A Minor's Name in Florida: A Step-by-Step Guide

Posted by LEISA WINTZ | May 31, 2023 | 0 Comments

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Changing a child's name is a significant decision that requires navigating through legal processes and adhering to specific procedures. Whether you're considering a name change for your child due to divorce, adoption, or personal reasons, understanding the steps involved is crucial. In this comprehensive guide, we will walk you through the process of changing a minor's name in Florida, covering important aspects such as filing a petition, obtaining court approval, and updating identification documents.

Changing A Minor's Name in Florida

To start the process of changing a minor's name in Florida, it is essential to comprehend the legal requirements. Unlike adults who can change their name at the age of 18, minors require a court order approved by the consent of their guardians and parents. Familiarize yourself with these regulations before proceeding with the name change process.

1. Filing the Name Change Petition

The parents or guardians of the minor must initiate the name change process by filing a petition on behalf of the child. If both parents agree and reside in the same county as the minor, they should file the petition jointly. However, if one parent does not reside in the same county or disagrees with the name change, the parent residing in the county may file individually. The petitioners will also need to have their fingerprints taken by local law enforcement and attach them to the petition.

2. Completing the Petition and Notarization

Carefully complete the Petition for Name Change of Minor Children, providing all the required information. If you wish to change the names of multiple children, there is a supplemental form available. Take the unsigned petition to a Public Notary for signature. Both parents should sign the petition if filing jointly, while only the filing parent should sign if filing individually. Remember not to sign the petition until you are in the presence of a Public Notary.

3. Filing the Petition with the Court

Make two copies of the notarized petition and any supplemental forms. Visit the Circuit Court Clerk's office in the county where the minor resides and file the petition, paying the required filing fee. Obtain a stamped copy of the petition and inquire about the scheduling of a hearing, if necessary.

4. Obtaining Consent or Serving Non-consenting Parents

If both parents consent to the name change, the consent form must be filled out, signed, and notarized by the non-filing parent residing in a different county. File one consent form for each non-filing parent. If a parent does not consent, they must be formally served with a copy of the petition and hearing date. Consult with the clerk's office for guidance on the service process, which may involve hiring a process server or using constructive service methods.

5. Attending the Final Hearing

Depending on the county, a final hearing may be required or waived if the name change is uncontested. Prepare for the hearing by bringing all filed documents, including a Final Judgment form. If the judge grants the petition, they will sign the original judgment, which should be filed with the clerk's office. Request certified copies of the judgment for official records.

6. Updating Identification Documents

After obtaining the signed Final Judgment, it is essential to update your child's name on official identification documents. Visit the Social Security Administration and the Vital Records Office in Florida to complete the necessary name change procedures. Certified copies of the judgment may be required by these offices for their records.

Navigating the process of changing your child's name in Florida can be complex and overwhelming. From filing the petition to attending the final hearing and updating identification documents, each step requires careful attention to detail. To ensure a smooth and successful name change for your child, it is crucial to have the guidance and expertise of a qualified family law attorney by your side. A knowledgeable attorney can provide valuable advice, handle the legal paperwork, and represent your interests throughout the process. At Family Matter we can provide personalized assistance and expert guidance in navigating the name change process for your child. Contact us today for a free quote.

About the Author

LEISA WINTZ

Leisa Wintz originally began her career as a marriage and family therapist. Ms. Wintz went on to attend law school and started practicing family law in 2009. However, she quickly realized that many family law practices lacked the empathy and compassion she believed were necessary in order to achi...

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