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  1. #11
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    May 2013
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    7

    Default Re: How to Show to the Court the Best Interest of Child in Contested Name Change of M

    My daughter is enrolled in school under her legal name. But she began putting my husband's name on her school papers (except for state tests like the FCAT) immediately after our wedding. I hadn't even changed my name yet and she was ready & wanted to use my husband's name immediately. She also introduces herself to friends with the name we are seeking. The schools allow a child to be called what they wish as long as they're enrolled under their legal name. I believe the school views it in the same way as a child using a nickname (ex. Becky for Rebecca or Bill for William).

    "If your legal surname is now the hyphenated surname, the child has never shared a surname with her biological father, and the child wants her surname to match yours in order to better reflect her relationship with her half-siblings, then that would appear to be the gist of your argument."
    Yes this is a big part of our argument. But is this sufficient to show best interest? What additional facts/legal considerations should be brought before the court?

  2. #12
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    Sep 2005
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    Default Re: How to Show to the Court the Best Interest of Child in Contested Name Change of M

    Quote Quoting momstrong
    View Post
    If no one knows the answer to my questions, it's ok not to reply.
    There's no need to be obnoxious. If you didn't understand the information I gave you, it's easy enough to ask for clarification.

    There is no enumerated list of best interest factors for name change cases. You should anticipate that the court will apply the relevant provisions of the child custody best interest factors, whether directly or impliedly, as that's what the case law requires. I've already discussed the facts that you've shared so far that could be used to support your case. If you are holding back other facts, I cannot comment on those.

  3. #13
    Join Date
    Jan 2006
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    Default Re: How to Show to the Court the Best Interest of Child in Contested Name Change of M

    She likely understands. I believe it is simply due the fact nobody is telling her she is right in her actions. All she wants is somebody to tell her how to succeed in her endeavor.



    momstrong:

    Since you have suggested you have hyphenated your name to using your maiden name and your husbands name, have you changed his children's name to the hyphenated name? Has your husband changd his name to the hyphenated name as well? If not, your argument falls flat on it's face. Only if everybody in the household has the exact same name does your argument make any sense.






    I find it odd that while you claim to have so much concern for the legal father that you do not want to consider adoption yet you want to put a name on his daughter that is the name of your husband. You think that is having any sort of respect for the legal father? Apparently he does not believe the same as you on this matter.

  4. #14
    Join Date
    May 2013
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    7

    Default Re: How to Show to the Court the Best Interest of Child in Contested Name Change of M

    Thank you again for your considerate responses. I apologize if you thought I was being obnoxious. I am trying to be as respectful as I can and show you the same courtesy and frankness that you show me.
    I did not seek answers to my questions on this forum to be told I'm right. That's what my friends and family are for. The bottom line is what others think of the petition or believe they know the ulterior reasons behind the petition is irrelevant to what the outcome will be. The decision will rest with the judge. I only asked for legal considerations. I believe I may have found that information today on the Florida Bar website. But again I thank you for taking time to respond.
    JK it is unreasonable to seek the name change of 3 other people when the change of 1 will accomplish the goal. Of course the biological father does not agree with us. However, he didn't agree that he should be a part of his daughter's life for 12 years and I disagreed with that. It's obvious you enjoy to argue. You probably missed your calling and should have been a lawyer.
    Whether or not I have respect for the biological father is also irrelevant. Actions always speak louder than words. I have the greatest respect for my daughter which is why I support her in this petition AND in cultivating a healthy relationship with her biological father. A name change does not change biology or legal responsibility so I am not taking anything away from him. I am affirming my daughter and her identity as a whole person, not decided by the man who suddenly decides he wants to be a father.

    - - - Updated - - -

    By the way Mr. Knowitall, I didn't see your response when I was responding. Your post hit as I was typing and I didn't notice. Thanks again. It was your post that led me to search again and find some relevant case law on the Florida Bar website.

  5. #15
    Join Date
    Jan 2006
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    38,867

    Default Re: How to Show to the Court the Best Interest of Child in Contested Name Change of M

    JK it is unreasonable to seek the name change of 3 other people when the change of 1 will accomplish the goal.
    sorry but no, when the single action has no basis, common sense says not only is the three names changed the most reasonable action but the only proper action and if the law works correctly, the only legally viable action. Even now it sound like the other children and possibly the husband will still have a different name than the child (based on the presumption you use a hyphenated name, not knowing if your husband does but presuming the other children don't)


    Of course the biological father does not agree with us. However, he didn't agree that he should be a part of his daughter's life for 12 years and I disagreed with that. It's obvious you enjoy to argue. You probably missed your calling and should have been a lawyer.
    I had an interest but circmstances prevented it.
    Whether or not I have respect for the biological father is also irrelevant.
    you say that now but when I suggested you consider adoption, your respect for him was the basis of not taking such an action. HHmm, makes one wonder.



    -

  6. #16
    Join Date
    May 2013
    Posts
    7

    Default Re: How to Show to the Court the Best Interest of Child in Contested Name Change of M

    sorry but no, when the single action has no basis, common sense says not only is the three names changed the most reasonable action but the only proper action and if the law works correctly, the only legally viable action. Even now it sound like the other children and possibly the husband will still have a different name than the child (based on the presumption you use a hyphenated name, not knowing if your husband does but presuming the other children don't)
    Thanks JK. That is your very biased unlegal opinion and I will keep it in mind as such.
    you say that now but when I suggested you consider adoption, your respect for him was the basis of not taking such an action. HHmm, makes one wonder.
    Yes, JK. I do wonder. I wonder if you are capable of reading posts without adding your own words or assumptions to them. Please re-read my posts. No where in any of them did I say that "my respect for the biological father" was the basis for any of my actions or decisions. That's your assumption. I also wonder if you're able to respond to the questions that are being asked with any case law, statute, or court opinion that backs any of what you purport to be legal.
    My petition does have merit or it would not be allowed to move forward in my county. It is reasonable and responsible for me to seek out as much information as I can to effectively present our arguments in court and hope that the outcome will in the end be in our favor. The only opinions that matter are legal ones based on FL law, not personal opinions in a forum such as this.
    It's too bad circumstances prevented you going into law. I suspect you would have been a formidable opponent in the court room. Good luck to you!

  7. #17
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How to Show to the Court the Best Interest of Child in Contested Name Change of M

    Yes, JK. I do wonder. I wonder if you are capable of reading posts without adding your own words or assumptions to them. Please re-read my posts. No where in any of them did I say that "my respect for the biological father" was the basis for any of my actions or decisions. That's your assumption.
    I'm just looking for relevant legal facts that may be presented to show best interest not an opinion on whether or not people agree with the petition or what others think the court will or will not do. We're not trying to cut any corners or even to cut her bio dad out, which is why we haven't requested step-parent adoption or attempted to terminate parental rights.
    Ok, so I gave you credit for being a reasonable person and had meant the fact you are not attempting to cut out bio dad as being respectful of his position as the legal father. My bad. I guess that leaves you as a careless despicable person as that is what a person that does not respect the legal fathers position would be, at least in my opinion.

    My petition does have merit or it would not be allowed to move forward in my county.
    depends what you mean by moving forward. Generally, until a judge sees it, as long as you pay the filing fee and fill out the paperwork, your petition will move forward, regardless of the merit.

    The only opinions that matter are legal ones based on FL law, not personal opinions in a forum such as this.
    well, maybe that's why it's free. Don't mistake a lack of providing statute or case law as being uninformed.

    I guess since I am nothing but an uneducated fool,, I guess it would do no good to tell you I know there is a case almost identical to your situation.. Mom wanted to give the child her now married name. Dad objected. Boy, if I was more educated, I could have something more than unsupported opinion I could probably find it. I will tell though that the girls name remained unchanged. There is one thing in your situation that could have made it go the other way though but hey, that is only my opinion and of course, that means it isn't worth anything, right?

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