Fathers Right To Give His Son His Last Name, in Florida

[becca80]

My boyfriend has a son that is now 18 months old. His ex and him split when she was just barely pregnant, and due to the split and other confrontations, she vindictivly gave "there" son her last name. She claims to have done it because there are no other grandchildren that are boys and can carry on her last name. Well, she has a brother that could always have children, or more children and she claims to want a minivan full of children. What are my boyfriends right, as the father of this child, to changing his sons last name from her's to his? I was recently told that changing a childs last name has nothing to do with the state you live in, that it's a federal thing. And I was told that all the father has to do to change it, is go to the courthouse and have it done. My boyfriend signed the birth certificate, but obviously paid no attention to what he was signing. Is there anything he can do about this?

[moburkes]

My boyfriend has a son that is now 18 months old. His ex and him split when she was just barely pregnant, and due to the split and other confrontations, she vindictivly gave "there" son her last name. She claims to have done it because there are no other grandchildren that are boys and can carry on her last name. Well, she has a brother that could always have children, or more children and she claims to want a minivan full of children. What are my boyfriends right, as the father of this child, to changing his sons last name from her's to his? I was recently told that changing a childs last name has nothing to do with the state you live in, that it's a federal thing. And I was told that all the father has to do to change it, is go to the courthouse and have it done. My boyfriend signed the birth certificate, but obviously paid no attention to what he was signing. Is there anything he can do about this?

He can petition the court. It is likely that the child will have a hyphenated name, ie herlastname-hislastname.

[aaron]

It's not a federal thing. It's not something that is automatically done because a father asks for it.

Has paternity been legally established? If so, when and how?

[becca80]

Yes, he signed the affidavit the day his son was born. He also signed the birth certificate. He has his son about 40% of the time and both visitation and child support has already been established!!

[aaron]

If paternity, custody and support have been established, with custody to the mother, she is statutorily authorized to select the child's surname:

A certificate for each live birth that occurs in this state shall be filed within 5 days after such birth with the local registrar of the district in which the birth occurred and shall be registered by the local registrar if the certificate has been completed and filed in accordance with this chapter and adopted rules. The information regarding registered births shall be used for comparison with information in the state case registry, as defined in chapter 61.

* * *

(2) PATERNITY.

* * *

(c) If the mother is not married at the time of the birth, the name of the father may not be entered on the birth certificate without the execution of an affidavit signed by both the mother and the person to be named as the father. The facility shall give notice orally or through the use of video or audio equipment, and in writing, of the alternatives to, the legal consequences of, and the rights, including, if one parent is a minor, any rights afforded due to minority status, and responsibilities that arise from signing an acknowledgment of paternity, as well as information provided by the Title IV-D agency established pursuant to s. 409.2557, regarding the benefits of voluntary establishment of paternity. Upon request of the mother and the person to be named as the father, the facility shall assist in the execution of the affidavit, a notarized voluntary acknowledgment of paternity, or a voluntary acknowledgment of paternity that is witnessed by two individuals and signed under penalty of perjury as specified by s. 92.525(2).

(d) If the paternity of the child is determined by a court of competent jurisdiction as provided under s. 382.015, 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. If the court fails to specify a surname for the child, the surname shall be entered in accordance with subsection (3).

* * *

(3) NAME OF CHILD.

* * *

(c) If the mother is not married at the time of birth, the parent who will have custody of the child shall select the child's given name and surname.

(d) If multiple names of the child exceed the space provided on the face of the birth certificate they shall be listed on the back of the certificate. Names listed on the back of the certificate shall be part of the official record.

* * *

His remedy would appear to be to bring a motion for a name change before the custody court, and attempt to convince the custody court that the name change would be in the best interest of the child.

[becca80]

Do you think he has a good chance of this being granted, for the fact that he is VERY involved in his son's life, he pays his child support, and has done everything to be there in anyway that he can since the birth of the baby? I only ask for the fact that I would hate to see him spend tons of money for something that is rarely granted!!!

[aaron]

What facts does he have which might convince a court that a name change is in the child's best interest?

[Baystategirl]

Do you think he has a good chance of this being granted, for the fact that he is VERY involved in his son's life, he pays his child support, and has done everything to be there in anyway that he can since the birth of the baby? I only ask for the fact that I would hate to see him spend tons of money for something that is rarely granted!!!

How will changing the child's name improve the child's life?

[Xena]

Do you think he has a good chance of this being granted, for the fact that he is VERY involved in his son's life, he pays his child support, and has done everything to be there in anyway that he can since the birth of the baby? I only ask for the fact that I would hate to see him spend tons of money for something that is rarely granted!!!

He doesn't have to hire an attorney, he can file pro-se. He can find the forms at www.flcourts.org Most Judges in Florida will order a name change as long as the child is under 3 years of age. Before he files though, he should get a consult with an attorney. He can get a low cost consult by calling the Fl Bar Lawyer Referral Service at 1-800-342-8011.

[becca80]

What facts does he have which might convince a court that a name change is in the child's best interest?

The fact that he is the childs father. I don't know any man that has a son and doesn't want his son to carry on his last name. Do you have any kids? If so, are any of them boys? If not and you had a son, wouldn't you want him to cary on your last name!! Forgive me if I am wrong, but isn't it the tradition that boys cary on their fathers last name? Also, what if his mother get's married, has other children, and they cary on their fathers name, don't you think that he is going to wonder why he doesn't have either of his parents last name? My boyfriend just wants to see his son grow up and pass on his name.