Miami family law attorney blog
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Name Change
Posted by Nydia Streets of Streets Law in Name Change
How do I change my name in Florida? This is a question asked by many who want a fresh start, who want to change their name for family reasons or who just prefer to be called by a name other than that given at birth. A name change was an issue in the case In re the Name Change of: Rakim Salam Ali, 4D2023-1673 (Fla. 4th DCA January 3, 2024).
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).
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).
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.
Posted by Nydia Streets of Streets Law in Florida Name Change
What are some reasons a name change petition can be denied in Florida? Some issues a court may consider in determining if a name change can be granted are if a person is changing his or her name to escape a criminal record or to defraud creditors. This was an issue in the case In re: Steven Benton Aubrey, 4D22-231 (Fla. 4th DCA August 24, 2022).
Posted by Nydia Streets of Streets Law in Florida Name Change
Can I change my name in Florida if I have a criminal record? This is a question many may have who are looking to legally change their name. Generally, as long as a person proves he or she has no ulterior or malicious reason for changing his or her name, a petition for this is usually granted. Therefore, a criminal record on its own is not a reason to deny a name change petition. This was an issue in the case In Re: Williams, 4D21-1749 (Fla. 4th DCA March 23, 2022).
Posted by Nydia Streets of Streets Law in Florida Name Change
Can I change my name in Florida if I have a criminal record? This is a question often asked by parties wishing to change their name. A name change can be granted as part of many family law actions, including divorce, adoption and paternity. It can also be granted as an independent action under a name change petition. An appeal was taken in the case Medina v. State, 4D19-3891 (Fla. 4th DCA January 20, 2021) in which a request for a name change was denied because of the petitioner’s criminal record.
Posted by Nydia Streets of Streets Law in Florida Name Change
Unmarried parents who are involved in a Florida paternity case may dispute a change in the child’s name. In Bowman v. Hutton, 1D18-3400 (Fla. 1st DCA 2019), the parties disputed a change in the child’s last name. The court hyphenated the child’s last name using both parents’ last names and the mother appealed.
Posted by Nydia Streets of Streets Law in Florida Name Change
For some, the saying, “New year, new me” means a fresh start that includes changing a legal name. A person who is not changing his or her name due to marriage has the right to do so in Florida so long as certain requirements are met.
Posted by Nydia Streets of Streets Law in Florida Name Change
You never get a second chance to make a first impression, the saying goes, and a person's name can impact a first impression. For this reason, many people choose to legally change their name. But what if a parent wants to change a child's name? A case recently considered in Miami family court regarding the name change of a minor child shows us how Florida courts analyze the right of a father not listed on a birth certificate to participate in a proceeding for a name change of his purported child.
