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.
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
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!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.