Q: Can an unwed mother, who has sole custody of the child, change the childs name without consent of the father florida law
I am unwed mother. Father is listed on birth certificate but has not established parental rights. I want to change the child's name, do i need consent from non custodial father.
A:
Yes, you will need his consent or you will need to have him served with the petition for name change. If he is served and does not object, then you can go forward without his consent. If he responds, then you will need to convince the court why the name change is in the child's best interest.
Here is the form needed to be filed with the court which explains the process a little bit: https://www.flcourts.org/content/download/403309/file/982c.pdf
Good luck!
A: You have asked a great question and one that many people ask their lawyer. There is a notice requirement in Florida when changing a minor child's name. You will need to demonstrate to the court that you have made diligent attempts to notify the father of your child. You may wish to hire a process server to not only serve the petition for name change of a minor child, but also to perform a skip trace to ensure you have the dad's accurate address. Best of success to you both!
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