Posted by Nydia Streets of Streets Law in Florida Name Change

What happens if parents do not agree on a child’s last name in Florida? A parent can petition to change a minor child's name through a petition for name change or as part of another family law case such as a paternity or child custody matter. If a court fails to specify the last name of a child in its order, the Florida Statutes govern what should be done. This was an issue in the case Rios v. Arias, 4D22-2412 (Fla. 4th DCA February 22, 2023).

In this paternity action, the father appealed a final judgment which in large part adopted the mother’s proposed parenting plan. One issue appealed by the father concerned the court’s award of shared parental responsibility without stating that either parent could consent to mental health treatment for the child as required by the Florida Statutes. The appellate court agreed this was error and remanded for the court to include this provision.

The father also took issue with the court awarding expenses beyond child support where no pleadings requested this relief. The court reversed, holding “the final judgment states the parties must pay ‘all child related expenses’ on a pro rata share, ‘including but not limited, uncovered medical, dental, prescriptions, optometry, cost of education, daycare, aftercare, summer camp, and tutoring.’ It orders [the father] to pay 96% of such expenses and [the mother] to pay 4%. But, as [the father] argues, no pleading asked the trial court for an award of expenses beyond child support. So we reverse the trial court’s award of expenses that were not properly before the court.”

As to the father’s request to add his last name to the child’s birth certificate, the court held “section 382.013(2)(d), Florida Statutes (2022), states that ‘[i]f the paternity of the child is determined by a court of competent jurisdiction . . . the name of the father and the surname of the child shall be entered on the certificate in accordance with the finding and order of the court.’ Further, ‘[i]f the court fails to specify a surname for the child, the surname shall be entered in accordance with subsection (3).’ Id. Subsection (3) states that if the mother and father disagree on the surname, ‘the surname selected by the father and the surname selected by the mother shall both be entered on the birth certificate, separated by a hyphen, with the selected names entered in alphabetical order.’ § 382.013(3)(b), Fla. Stat. (2022). We agree with [the father] that the court erred when it denied his request to include his surname on the child’s birth certificate. So we reverse and remand for the entry of an amended final judgment that complies with section 382.013.”

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