Can I Change my Child’s Name

If a parent or guardian is requesting that the Court change the name of a minor child over the objection of one or both parents, the Court must make that determination using the same standard that it uses to determine parental rights, which is the best interests standard.

This typically means that the petitioning parent or guardian must show by substantial and competent evidence that it is in the best interest of the child (necessary for the child's welfare).

mere allegations or allegations of the parents wishes that the child carry on a name is insignificant to court and will not be enough to establish it is required for the court to change the name of the child to meet the child's best interests.

Case Law:
The question the Court must answer is whether the change of name is in the child's best interests or is necessary for the welfare of the child. Airsman v. Airsman, 40 Fla. L. Weekly D 2081 (Fla. 2d DCA 2015) (Quoting Azzara v. Waller, 495 So. 2d 277, 278 (Fla. 2d DCA 1986)(The Court should order a change of a minor's surname over the objection of one parent only where the evidence affirmatively shows that such change is necessitated by the welfare of the child.); Coolidge v. Ulbrich, 733 So. 2d 1092, 1094 (Fla. 4th DCA 1999) (A child's surname should remain unchanged absent evidence that the change is necessary for the welfare of the child.); Hayhurst v. Romano, 703 So. 2d 1178, 1179 (Fla. 3d DCA 1997); Lazow v. Lazow, 147 So. 2d 12, 14 (Fla. 3d DCA 1992) (To change the name of a minor . . . is a serious matter, and such action may be taken only where the record affirmatively shows that such change is required for the welfare of the minor.).

[Shijusanify]

Would last surviving male of a family fall under these guide lines?

[Szechaun_Don]

Can't serve papers to my child mother and I have sole legal and physical custody but my son has her last name and I don't even know my son middle name

[ryannb]

How do I go about getting the paper work started if we both consent?