Many people (generally women) who took or added their spouse’s last name when they married take back their previous last name when they divorce. Some divorcing spouses (again, typically women) also want to change their children’s last names to match their own.
If they’re getting greater time-sharing rights and parental responsibility of the children than the other parent, it can make things less confusing if they all have the same last name. Of course, changing a child’s last name can be emotionally difficult for them. It’s been part of their identity their entire life. They may also still have close emotional ties to their other parent – even if they have little contact with them.
What is required under Florida law?
A parent or legal guardian needs to file a petition for a name change (first and/or last) for their minor child. Generally, the other parent has to agree to the name change as long as they haven’t lost or voluntarily given up their legal rights as a parent. There are exceptions – for example, when there’s been abuse.
After a parent submits a petition for their child’s name to be changed, there will be a court hearing where the petitioner makes their case to a judge. Their responsibility is to do what’s in the child’s best interests.
That typically involves explaining the reason(s) they want the change. The judge needs to ensure that the parent isn’t making the change for “ulterior or illegal purpose,” like escaping criminal, civil or bankruptcy consequences. If the child is old enough to weigh in, the judge may ask them how they feel about the potential change.
It’s generally helpful if the other parent doesn’t object to the name change. Even if they agree to it, however, a judge may still determine it’s best for a child not to change their name.
This isn’t a decision to be made lightly. That’s why it requires a legal process and a court order. Whether you’re the parent seeking to change your child’s name or the parent fighting it, it’s wise to have experienced legal guidance to help you make a strong case.
