When a divorced mother with a minor child re-marries or single mother of a minor child marries, frequently they wish to give their child the last name of their new husband.
Under Florida law, the mother can file a sworn Petition in the Family Division of the Circuit Court asking for this relief. It is necessary in the Petition to state why the name change is in the best interest of the child. If possible, the Petition should also state that the consent of the step-father as well as the birth father has been obtained. Notarized affidavits from the step-father and the birth father should be attached to the Petition or presented to the court prior to the final hearing on the Petition.
If he birth father cannot be located even after a vigorous search, another affidavit (called ‘Affidavit of Diligent Search and Inquiry’) should be filed. A ‘Notice of Action’ alerting the birth father should be published in a newspaper of general circulation for thirty days in the community where the birth father was last residing. After the thirtieth day, the newspaper will send to the Petitioner and Affidavit of Publication with an actual copy of the Notice of Action attached listing the dates when the legal notice ran in that newspaper. That Notice of Action must be filed with the court as well.
When these tasks have been completed, the mother should request a final hearing date from the court and be prepared to testify as to the best interest of the child. If the birth father is available, he should be brought to court together with the step-father to testify as to their consent to the name change. Once granted, the child will bear the step-father’s last name for all purposes.
As a practical note, the younger the child may be at the time of the Petition, the greater the chance the court will grant the Petition. Should the mother and step-father desire to have the step-father adopt the child, the action for a change of name should be included in any Petition for Step-Parent Adoption.
Our office has handled many of these name-change and step-parent adoption cases and is available to assist you.