Changing a Minor's Last Name when the Father is Unknown

My exgirlfriend's 5 year old daughter (I will refer to as A), who I have raised since birth but is not my biological child, lives with me in Florida. A and I recently moved to a different county in Florida with her mother's consent. Her mother gave me a power of attorney for care and custody so I could deal with medial issues, school, etc. A does not know that I am not her biological father and we would prefer if she didn't until we were ready to tell her. Her mother and I both want to change her last name to my name. Her biological father is not on the birth certificate and is basically unknown. Unfortunately, it could be any of several people and her mother does not know their full names, much less the locations, of these people.

How difficult would it be to change a minor's name in Florida if the biological father is not on the birth certificate and is unkown? I am preparing to register A for kindergarten and I would like her to have my last name when she enters school. Any advice would be greatly appreciated.

How did you end up with custody if Mom doesn't know who the child's father is? Has there ever been a legal father?

Do you actually have court-ordered custody?

Frankly Mom needs an attorney because every possible father will need to be notified, and if she's unaware of their locations it will need to be done via publication and that is NEVER a DIY project.

And...you both NEED to be telling this little girl the truth. You are NOT her father and keeping this fact from her can be terrifically damaging to her.

I have a power of attorney for care and custody, not court ordered custody; and since the father is UNKNOWN there never could have been a legal father.

"Mom" does not even know the last names of the two possible fathers. One of them is believed to be incarcerated somewhere. It's a mess. How can we notify someone if we don't know who they are?

Frankly, while I appreciate any advice on CHANGING MY DAUGHTER'S NAME you can give I don't believe you know a darn thing about what is best for my daughter or anyone else's child. I have raised her since birth and every child shrink I have spoken to believes that this is not the proper time to have this discussion with a child.

If anyone could give me any CONSTRUCTIVE advice regarding the question I asked, namely "How difficult would it be to change my daughter's name in the state of Florida if the biological father is unknown and not on the birth certificate?" It would be appreciated.

The mother can petition the court to allow substituted (constructive) service on the putative father(s), and then follow the court's order as to how that service is to be effected - e.g., service on last known addresses, public postings, publication...

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Quoting Florida Statutes, Sec. 68.07. Change of name.

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(1) Chancery courts have jurisdiction to change the name of any person residing in this state on petition of the person filed in the county in which he or she resides.

(2)

(a) Before the court hearing on a petition for a name change, the petitioner must have fingerprints submitted for a state and national criminal history records check, except if a former name is being restored. Fingerprints for the petitioner shall be taken in a manner approved by the Department of Law Enforcement and shall be submitted electronically to the department for state processing for a criminal history records check. The department shall submit the fingerprints to the Federal Bureau of Investigation for national processing. The department shall submit the results of the state and national records check to the clerk of the court. The court shall consider the results in reviewing the information contained in the petition and evaluating whether to grant the petition.

(b) When a petition is filed which requires a criminal history records check, the clerk of the court shall instruct the petitioner on the process for having fingerprints taken and submitted, including providing information on law enforcement agencies or service providers authorized to submit fingerprints electronically to the Department of Law Enforcement.

(c) The cost of processing fingerprints and conducting the state and national criminal history records check required under this subsection shall be borne by the petitioner for the name change or by the parent or guardian of a minor for whom a name change is being sought.

(3) Each petition shall be verified and show:

(a) That the petitioner is a bona fide resident of and domiciled in the county where the change of name is sought.

(b) If known, the date and place of birth of the petitioner, the petitioner's father's name, the petitioner's mother's maiden name, and where the petitioner has resided since birth.

(c) If the petitioner is married, the name of the petitioner's spouse and if the petitioner has children, the names and ages of each and where they reside.

(d) If the petitioner's name has previously been changed and when and where and by what court.

(e) The petitioner's occupation and where the petitioner is employed and has been employed for 5 years next preceding the filing of the petition. If the petitioner owns and operates a business, the name and place of it shall be stated and the petitioner's connection therewith and how long the petitioner has been identified with that business. If the petitioner is in a profession, the profession shall be stated, where the petitioner has practiced the profession, and if a graduate of a school or schools, the name or names thereof, date of graduation, and degrees received.

(f) Whether the petitioner has been generally known or called by any other names and if so, by what names and where.

(g) Whether the petitioner has ever been adjudicated a bankrupt and if so, where and when.

(h) Whether the petitioner has ever been arrested for or charged with, pled guilty or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication, and if so, when and where.

(i) Whether any money judgment has ever been entered against the petitioner and if so, the name of the judgment creditor, the amount and date thereof, the court by which entered, and whether the judgment has been satisfied.

(j) That the petition is filed for no ulterior or illegal purpose and granting it will not in any manner invade the property rights of others, whether partnership, patent, good will, privacy, trademark, or otherwise.

(k) That the petitioner's civil rights have never been suspended or, if the petitioner's civil rights have been suspended, that full restoration of civil rights has occurred.

(4) The hearing on a petition for restoring a former name may be held immediately after it is filed. The hearing on any other petition for a name change may be held immediately after the clerk receives the results of the criminal history records check.

(5) On filing the final judgment, the clerk of the court shall, if the birth occurred in this state, send a report of the judgment to the Office of Vital Statistics of the Department of Health on a form to be furnished by the department. The form must contain sufficient information to identify the original birth certificate of the person, the new name, and the file number of the judgment. This report shall be filed by the department with respect to a person born in this state and shall become a part of the vital statistics of this state. With respect to a person born in another state, the clerk of the court shall provide the petitioner with a certified copy of the final judgment.

(6) The clerk of the court must, upon the filing of the final judgment, send a report of the judgment to the Department of Law Enforcement on a form to be furnished by that department. The Department of Law Enforcement must send a copy of the report to the Department of Highway Safety and Motor Vehicles, which may be delivered by electronic transmission. The report must contain sufficient information to identify the petitioner, including the results of the criminal history records check if applicable, the new name of the petitioner, and the file number of the judgment. Any information retained by the Department of Law Enforcement and the Department of Highway Safety and Motor Vehicles may be revised or supplemented by said departments to reflect changes made by the final judgment. With respect to a person convicted of a felony in another state or of a federal offense, the Department of Law Enforcement must send the report to the respective state's office of law enforcement records or to the office of the Federal Bureau of Investigation. The Department of Law Enforcement may forward the report to any other law enforcement agency it believes may retain information related to the petitioner.

(7) A husband and wife and minor children may join in one petition for change of name and the petition must show the facts required of a petitioner as to the husband and wife and the names of the minor children may be changed at the discretion of the court.

(8) When only one parent petitions for a change of name of a minor child, process shall be served on the other parent and proof of such service shall be filed in the cause; however, if the other parent is a nonresident, constructive notice of the petition may be given pursuant to chapter 49, and proof of publication shall be filed in the cause without the necessity of recordation.

(9) This section does not apply to any change of name in proceedings for dissolution of marriage or for adoption of children.

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Quoting Consent to Name Change for a Minor Child

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If both parents agree to the change of name and live in the county where the change of name is sought, you may both file as petitioners. In this situation, service is not necessary, and you need only to set a hearing. You should ask the clerk of court, family law intake staff, or judicial assistant about the local procedure for setting a hearing.

If only one parent is a resident of the county where the change of name(s) is sought or only one parent asks for the child(ren)’s name(s) to be changed, the other parent must be notified and his or her consent obtained, if possible. If the other parent consents to the change of name, a Consent for Change of Name (Minor Child(ren)), Florida Supreme Court Approved Family Law Form 12.982(d), should be filed.

If the other parent does not consent to the change of name, you may still have a hearing on the petition if you have properly notified the other parent about your petition and the hearing. If you know where he or she lives, you must use personal service. If you absolutely do not know where he or she lives, you may use constructive service. For more information about personal and constructive service, you should refer [to] the “General Instructions for Self-Represented Litigants” found at the beginning of these forms and the instructions to Florida Family Law Rules of Procedure Forms 12.910(a) and 12.913(b) and Florida Supreme Court Approved Family Law Form 12.913(a). However, the law regarding constructive service is very complex and you may wish to consult an attorney regarding that issue.

Next, you must obtain a final hearing date for the court to consider your request. You should ask the clerk of court, family law intake staff, or judicial assistant about the local procedure for setting a hearing. You may be required to attend the hearing. Included in these forms is a Final Judgment of Change of Name (Minor Child(ren)), Florida Supreme Court Approved Family Law Form 12.982(e), which may be used when a judge grants a change of name for a minor child(ren). If you attend the hearing, you should take the final judgment with you. You should complete the top part of the form, including the circuit, county, case number, division, and the name(s) of the petitioner(s) and leave the rest blank for the judge to complete. It should be typed or printed in black ink.

If the judge grants your petition, he or she will sign this order. This officially changes your child(ren)’s name(s). The clerk can provide you with certified copies of the signed order. There will be charges for the certified copies, and the clerk can tell you how much those charges are.

(See the instructions for a minor's name change.)

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Quoting SVR

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I have a power of attorney for care and custody, not court ordered custody; and since the father is UNKNOWN there never could have been a legal father.

"Mom" does not even know the last names of the two possible fathers. One of them is believed to be incarcerated somewhere. It's a mess. How can we notify someone if we don't know who they are?

Frankly, while I appreciate any advice on CHANGING MY DAUGHTER'S NAME you can give I don't believe you know a darn thing about what is best for my daughter or anyone else's child. I have raised her since birth and every child shrink I have spoken to believes that this is not the proper time to have this discussion with a child.

If anyone could give me any CONSTRUCTIVE advice regarding the question I asked, namely "How difficult would it be to change my daughter's name in the state of Florida if the biological father is unknown and not on the birth certificate?" It would be appreciated.

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Yes, you've raised her since birth, but if you read through many of the posts, you'll find that so have many other men. The problem here is that you are NOT her legal father, and down the road, this could come back with traumatic consequences. You asked for advice, you got it.

This is you EX girlfriends child, you are a legal stranger. Changing her name does NOT change her parentage. Why do YOU have a child that is in no way, shape or form legally related to you? Why would you want to change her name, and why would the mother allow it? Your story is going to come under suspicion to some of us because it's not within the normal course of events. Getting snippy with members that are trying to help isn't going to help your case (at least here). What are you going to do if mom wants her daughter back, if 'dad' steps up and says 'Hey, I was never told', if a grandparent sues for visitation based on the fact that her child gave away her grandchild? Why is adoption not being considered instead of a name change? I'm not trying to be mean here, but the situation as it stands is very unfair to the child in question because the bottom line is that she does NOT have a father. My nephew is there now, searching for a father that we don't know will ever be found, and at 25 yo's it's tearing him up.

Perhaps it would be a good idea to consult an atty in your area for information in regards to changing this childs name, and see what they have to say.

Changing a name to a non-relative's surname can be precarious - why should the child have a different surname than her legal parent? You're not interested in a relationship with the child's mother, and from what you've said so far the mother can pull the child out of your care at any time, cutting you off from any access. It's perfectly reasonable to consider how that might affect the child, and how it might make things worse if the child still has your surname instead of her mother's.

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Quoting Mr. Knowitall

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Changing a name to a non-relative's surname can be precarious - why should the child have a different surname than her legal parent? You're not interested in a relationship with the child's mother, and from what you've said so far the mother can pull the child out of your care at any time, cutting you off from any access. It's perfectly reasonable to consider how that might affect the child, and how it might make things worse if the child still has your surname instead of her mother's.

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I know I've said this before, BUT...... We NEED a thank you button!!! Since there isn't one, Thanks Mr. K. :)

It's perfectly reasonable to consider how that might affect the child, and how it might make things worse if the child still has your surname instead of her mother's.[/QUOTE]

That is a good point, and I appreciate the help. Can you tell me how it might make things worse if she has my surname instead of her mother's? I can't think of any negative result that could occur, if you can please infrom me.

My daughter came to my care in a very unique situation. She was conceived when her mother, who was addicted to heroin, had sexual intercourse with several members of a gang on a single night in order to get drugs. She had not met these people before and has never had contact with them since. They are completely unaware that a child was conceived. Most of the members of this particular gang were arrested on RICO charges two years ago. She believes that at least one of the men she had intercourse with was arrested and sentenced as part of that activity.

A was born with a serious genetic disorder and from the begining no one was caring for her. I was friends with the mother while she was going through rehab and eventually fell in love with her and the child. While our relationship did not work out, I have kept her daughter in the hopes of giving her the best life possible. Her mother is in and out of rehab clinics, but refuses to grant me an adoption because she would have to forfeit her parental rights to do so. However, there is no question that the child is better off in my care. I have a graduate degree, run a non-profit organization, and am generally a pretty decent person. I currently have the full support of her mother, grandparents, and everyone else who knows she exists and would have a say in the issue. While I realize that this COULD change, in my situation I have to base my decisions based on the situation today (and for the foreseeable future).

For better or worse, I am the closest thing this little girl has to a father. She has serious medical issues and I do the very best I can to raise her despite the obstacles although I could walk away anytime. I KNOW that everything that has happened so far has been in MY DAUGHTER'S best interest. I am sorry if I was "snippy" but obviously I have wrestled with these questions for a long time and really don't need someone who knows nothing of my situation, and whose judgement is clouded because of THEIR family situation, questioning my decisions in raising my child. I appreciate everyone who has added something constructive to answer the questions I asked. As for the rest I guess you believe it would have been more fair for A to be raised in foster care or be homeless or in halfway houses with her mother?

I guess I need to contact an attorney to deal with the constructive service issue. I was trying to deal with this myself, but I guess I will not be able to. If constructive service occurs and the father does not come forward (which he won't) would I be expected to be granted the name change? I am looking for an answer based on Florida law or someone's legal experience (as opposed to personal feelings), if possible.

thanks.

Because she's not your daughter.

Legally and emotionally that can have massive ramifications.

The comments other users are posting to you are completely unnecessary and out of line. Not to mention uncalled for! I personally look up to you and think you are an amazing man.
Obviously these people have never been in a situation where you love a child that is not your own. It is a very unselfish act of which very few people can do themselves and understand! How can people say that A having her FATHERS last name can be detrimental to her in anyway? Do you think it would be better if she is with a mother who obviously doesn't care as much about her? And is it better that she knows her mother conceived her the way she did!? NO. I am not a psychiatrist but I can tell you NO NO NO that would in no way be a batter situation! Common sense!
It is sad no one here can look past the unfortunate past that has led you to the situation which you are actually asking help for! I would say you should definitely get a family law attorney, and arrange with her mother that you must legally adopt her (I would go for full custody), in order to have the rights you need to get her through life, and so that she can share your last name. There are going to be situations where just because she shares your name isn't going to be enough, in school and legal situations, and maybe even health care? (I'm sure you have already dealt with that, but I do wonder how that is working?)

I wish you and your daughter the best in this situation! God Bless you!;)

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Quoting arnmama

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The comments other users are posting to you are completely unnecessary and out of line. Not to mention uncalled for! I personally look up to you and think you are an amazing man.

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That's nice and fluffy, but you are on LEGAL BOARD. Not a huggy-kissy-you're-so-special board.
:rolleyes:

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Obviously these people have never been in a situation where you love a child that is not your own. It is a very unselfish act of which very few people can do themselves and understand

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I'm stepparent, sweetheart.

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! How can people say that A having her FATHERS last name can be detrimental to her in anyway?

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Because he's NOT HER FATHER.

This is about LEGALITIES.

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Do you think it would be better if she is with a mother who obviously doesn't care as much about her? And is it better that she knows her mother conceived her the way she did!? NO. I am not a psychiatrist but I can tell you NO NO NO that would in no way be a batter situation! Common sense!

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Overuse of exclamation points doesn't make your nonsense any less nonsensical.

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It is sad no one here can look past the unfortunate past that has led you to the situation which you are actually asking help for! I would say you should definitely get a family law attorney, and arrange with her mother that you must legally adopt her (I would go for full custody), in order to have the rights you need to get her through life, and so that she can share your last name.

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You're clueless. Completely clueless.

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There are going to be situations where just because she shares your name isn't going to be enough, in school and legal situations, and maybe even health care? (I'm sure you have already dealt with that, but I do wonder how that is working?)

I wish you and your daughter the best in this situation! God Bless you!;)

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Unless you have something of any relevance to post you're not going to last too long here.

And Dog's post says it all.

Just an FYI, several of my children were adopted by my husband. We have two special needs children. Our situation was different in that my children's father was deceased, and there was NO other family from his side that gave a damn.

Yes, there are some wonderful ppl in this world ready to do whatever it takes, but that doesn't change the legalities that we must abide by, nor does it change the emotional aspects that may come down the road. And BTW, having full custody does NOT give you the right to change a child's last name, and changing a last name doesn't change the parentage on a BC or give a non parent the same rights as a parent.

I think you are doing something amazing.

But...down the road, a father needs to be established. Atleast a name. She also needs to know medical history on both parents sides. Seems like both parents have drug problems. What else - does cancer run in one family? Heart problems....that is stuff that she and her physician need to know.

Even when she learns you are not her legal dad....she is going to have questions in the future.

You do need an attorney for this entire situation. Mom sounds unstable and like she can take A from you at any time. Also, as A's birth father is in a gang, you will want a lawyer to deal with that.

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Quoting arnmama

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The comments other users are posting to you are completely unnecessary and out of line. Not to mention uncalled for! I personally look up to you and think you are an amazing man.
Obviously these people have never been in a situation where you love a child that is not your own. It is a very unselfish act of which very few people can do themselves and understand! How can people say that A having her FATHERS last name can be detrimental to her in anyway? Do you think it would be better if she is with a mother who obviously doesn't care as much about her? And is it better that she knows her mother conceived her the way she did!? NO. I am not a psychiatrist but I can tell you NO NO NO that would in no way be a batter situation! Common sense!
It is sad no one here can look past the unfortunate past that has led you to the situation which you are actually asking help for! I would say you should definitely get a family law attorney, and arrange with her mother that you must legally adopt her (I would go for full custody), in order to have the rights you need to get her through life, and so that she can share your last name. There are going to be situations where just because she shares your name isn't going to be enough, in school and legal situations, and maybe even health care? (I'm sure you have already dealt with that, but I do wonder how that is working?)

I wish you and your daughter the best in this situation! God Bless you!;)

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I agree with everything arnmama said!! Said very nicely!! ;)

Gee, that wouldn't be because you're the same person now would it?

Of course not.

Wait. What other reason would there be for dragging up a dead thread? Hmmmm.