Minor Name Change in Florida

My question involves name change laws in the State of: Florida

I recently had a meeting with a lawyer who informed me that since my ex has absolutely no rights to our mutual child, that I could change her name without his permission. Does this mean I have to inform him? I have purchased the name change packet, but it includes documents to inform him. He does not care to contact his child or have a relationship, but would have a fit if he knew I was changing it. She has asked to have the same last name as me, and I think it would make things easier for school as well. Do I just leave the father's name blank?

Thank you.

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Quoting mrsthirion1986

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My question involves name change laws in the State of: Florida

I recently had a meeting with a lawyer who informed me that since my ex has absolutely no rights to our mutual child, that I could change her name without his permission. Does this mean I have to inform him? I have purchased the name change packet, but it includes documents to inform him. He does not care to contact his child or have a relationship, but would have a fit if he knew I was changing it. She has asked to have the same last name as me, and I think it would make things easier for school as well. Do I just leave the father's name blank?

Thank you.

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DO you mean his parental rights have been terminated, or that he has no custodial rights?

It makes a big difference.

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Quoting mrsthirion1986

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My question involves name change laws in the State of: Florida

I recently had a meeting with a lawyer who informed me that since my ex has absolutely no rights to our mutual child, that I could change her name without his permission. Does this mean I have to inform him? I have purchased the name change packet, but it includes documents to inform him. He does not care to contact his child or have a relationship, but would have a fit if he knew I was changing it. She has asked to have the same last name as me, and I think it would make things easier for school as well. Do I just leave the father's name blank?

Thank you.

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What is the EXACT wording of the court order that terminated ex's parental rights?
How long ago was the termination order issued?

His rights have never been terminated, but I was told by an attorney that he doesn’t have any rights at all, as he’s never been granted them through a court order. He said that the only thing I could do was have my husband adopt her. My ex and I were never married. He told me that I could go so far as to change her birth certificate if I wanted.

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Quoting mrsthirion1986

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His rights have never been terminated, but I was told by an attorney that he doesn’t have any rights at all, as he’s never been granted them through a court order. He said that the only thing I could do was have my husband adopt her. My ex and I were never married. He told me that I could go so far as to change her birth certificate if I wanted.

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Dad needs to be notified, and if you want to cover your backside he needs to be listed as Dad, even if he hasn't yet established his parental rights in court.

If he DOES object, you can deal with that at a later date.

Your new husband also won't be able to adopt your child without the same kind of notification.

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Quoting mrsthirion1986

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He said that the only thing I could do was have my husband adopt her.

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That should have read 'could not do.

I don't want to start something that will make him decide to try and obtain custody. If he finds out that I am changing her name, it will more than likely prompt him to do so. He was abusive towards me and her, but nothing that will make a difference in court. I was just under the impression that I could change her name without him knowing.

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Quoting mrsthirion1986

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His rights have never been terminated, but I was told by an attorney that he doesn’t have any rights at all, as he’s never been granted them through a court order. He said that the only thing I could do was have my husband adopt her. My ex and I were never married. He told me that I could go so far as to change her birth certificate if I wanted.

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You are legally required to notify ex for a name change, or an adoption, and you cannot change the BC without giving notice.

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Quoting mrsthirion1986

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That should have read 'could not do.

I don't want to start something that will make him decide to try and obtain custody. If he finds out that I am changing her name, it will more than likely prompt him to do so. He was abusive towards me and her, but nothing that will make a difference in court. I was just under the impression that I could change her name without him knowing.

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Not legally you can't, no.