Posted by Nydia Streets of Streets Law in Florida Name Change
When parents agree that a child’s name should be changed, the process can be relatively easy. However, a recent appellate opinion indicates the parents must still show change is in the best interest of the child. A court’s decision to arbitrarily deny a request to change a minor’s name will be reviewed under an abuse of discretion standard - “Discretion … is abused when the judicial action is arbitrary, fanciful, or unreasonable, which is another way of saying that discretion is abused only where no reasonable [person] would take the view adopted by the trial court. If reasonable [persons] could differ as to the propriety of the action taken by the trial court, then it cannot be said that the trial court abused its discretion.” In Re: Name Change of Y.M.X., 4D22-2592 (Fla. 4th DCA May 3, 2023) (internal citations omitted).
The parents of the minor child in this case sought to change her first name. They filed a joint petition, indicating they both agreed to the name change. The trial court denied the petition, citing case law which involved opposed motions to change a child’s last name. The court also cited the fact that the child could petition to change her first name when she turned 18 which would be soon. The parents filed a motion for rehearing which included a birth certificate to prove parentage and detailed affidavits from the parents and the child indicating why the name change would be in the child’s best interest. This motion for rehearing was denied, and the parents appealed.
As to the initial order denying the petition for name change, the appellate court affirmed. It held that although the parents were in agreement as to the name change, “[T]he parents’ petition did not show how changing the child’s first name would be in the child’s best interests. Thus, the trial court did not abuse its discretion in denying the parents’ petition.” However, the appellate court ruled the trial court abused its discretion in denying the motion for rehearing, holding “The parents’ argument is meritorious. The child’s birth certificate showed that the child was the parents’ child. Further, the affidavits from the mother, the father, and the child, explained in great detail how changing the child’s first name was in the child’s best interests.” For the reasons cited in the affidavits, the appellate court directed the trial court to enter an order granting the petition for name change.
Schedule your meeting with a Miami name change attorney to understand the process and how to present the best case for changing your name in Florida.