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Name Changes - Changing a Child's Name

A child's name can be changed by one or both parents. If both parents join in the petition, the procedure is the same as for an individual seeking to change their name. Such a proceeding would be by mutual consent and uncontested.

If only one parent petitions for a change of name of a minor child, a copy of the petition must be served on the other parent. That other parent must have the opportunity to object to any proposed changes. Proof of service must be filed with the Clerk of Court. Florida Statute 68.07(6) provides that if one parent resides outside of Florida, constructive notice of the petition may be given pursuant to chapter 49. Proof of publication is then filed with the Clerk of Court for the court's review.

The parent served with the petition has 20 days within which to file an answer or objection to the petition. The change in the child's name must be denied if it is requested for an ulterior or illegal purpose, or if granting the change will invade the property rights of others. The change in the child's name will also be denied if the change is not in the child's best interests. An objection on these grounds should set forth what the adverse effect would be on the child if the change of name were granted. The Court would then decide the dispute.

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Thompson Family Law
3949 Evans Avenue . Suite 206 . Ft. Myers, Florida 33901
239 936.5225
fax 239 936.2542

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