Floridians (typically women) who took their spouse’s last name when they got married sometimes choose to reclaim their “maiden name” when the divorce is final. They may feel like this helps them get a new start – particularly if the marriage and/or the divorce were acrimonious.
It can be time-consuming to change your last name on government, employment and other documents, but for some people it’s worth it. When there are children involved, however, it can cause confusion at school and when traveling, when a parent doesn’t have the same last name as their children.
Can a parent change their child’s last name as well, so that it continues to be the same as theirs? Let’s look at what Florida law requires.
What does Florida law say?
Under the law, a minor child’s name (last and/or first) can be changed if officially requested by a parent or legal guardian using a name change petition. This is followed by a court hearing to get a judge’s approval (and court order) for the change.
In most cases, the other parent must agree to any legal name change of a minor child. Even if the parent petitioning for the name change has been given greater time-sharing rights and parental responsibility in the divorce, as long as the other parent hasn’t given up their parental rights, they still have a say. There are exceptional situations, like if a parent and child are in danger from the other parent, and they’re trying to make it harder to find them.
What will a judge consider?
At the hearing, the parent seeking the change will likely be asked about their reasons. They aren’t required to provide a reason on the petition, although they must attest under oath that they aren’t doing it for any “ulterior or illegal purpose.” The judge will also consider any criminal or bankruptcy history.
If the child is old enough, the judge may ask for their input about whether they want the change. The judge’s responsibility is to do what’s in the child’s best interest. Note that even if the other parent agrees to the name change, it’s ultimately up to the judge.
Whether you’re the parent seeking to change your child’s last name after divorce or your ex is, it’s wise to have legal guidance to protect your rights and help you do what’s best for your child.