Posted by Nydia Streets of Streets Law in Florida Name Change
How difficult is it to get your named legally changed in Florida? As long as a person changing their name is not committing fraud or trying to evade creditors, a court is likely to grant a request for a name change. When a name change is denied, the court must make appropriate findings in the final judgment detailing why it was denied.
In the case In re Name Change of A.T., 2D22-1302 (Fla. 2d DCA January 18, 2023), the petitioner sought to change his name because he feared persecution in his homeland and was seeking asylum in the United States. The petitioner testified at the hearing on the request for name change that he was not seeking a change for any wrongful, fraudulent or ulterior motive, and that instead he feared for his safety. The trial court admitted it took an interest in his case and discussed it before the hearing with a federal law enforcement agent who relayed that “it is a common practice that when people come here and apply for asylum if it becomes somewhat questionable or they lose confidence that they will get it they seek a name change and that they do it for the purpose of trying to hide or evade the United States federal government and stay here illegally in our country and make it harder that they be found or detected.” Based on this, the court denied the petition and found the petitioner was trying to change his name for an illegal, fraudulent or ulterior purpose. The petitioner appealed.
The appellate court reversed, holding “Usually, we review the denial of a name change petition under an abuse of discretion standard. In re Zimmer, 207 So. 3d at 1007. Here, we need not determine whether the trial court abused its discretion. Rather, we conclude that the trial court violated A.T.'s due process rights by engaging in ex parte communications. In doing so, the trial court departed from its role as a neutral arbiter.”
If you are looking to change your name in Florida, schedule a consultation with a Miami family law attorney to understand what is required and any obstacles that may prevent you from doing so.