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  1. #1
    Join Date
    Oct 2019
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    2

    Default Changing a Child's Name Without Process Server

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

    My daughter's father and I were never married, and when he was added to the birth certificate, his name was added on.

    He and I have a civil and unusual co-parenting relationship. Right now my husband, our infant son, and I live in my ex's home, and we coparent effectively with him and his partner. We have all become surprisingly good friends.

    As a gift to my husband, my ex has suggested we add my husband's last name to my daughter's name.

    When reading the information about name change in Florida, it seems to be a long process that involves a process server. However the intent is for he and I to file this together. Is a process server still going to be required, even though we are in agreement and at the same address? And does it need to be a lengthy court proceeding since we are in agreement? Also my daughter is four, does her age have any bearing?

  2. #2
    Join Date
    Mar 2013
    Posts
    17,221

    Default Re: Changing a Child's Name Without Process Server

    Quote Quoting MMoyer1
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    When reading the information about name change in Florida, it seems to be a long process that involves a process server. However the intent is for he and I to file this together. Is a process server still going to be required, even though we are in agreement and at the same address?
    You should not need a process server if you attach the notarized consent form to your petition:

    https://www.flcourts.org/content/dow...58188/982c.pdf

    https://www.flcourts.org/content/dow...58200/982d.pdf

    Quote Quoting MMoyer1
    View Post

    And does it need to be a lengthy court proceeding since we are in agreement?
    Attaching the consent to the petition should expedite the process but you'll still be at the mercy of the court scheduling. No way of knowing when that will be.

    Quote Quoting MMoyer1
    View Post

    Also my daughter is four, does her age have any bearing?
    No.

  3. #3
    Join Date
    Jul 2018
    Posts
    1,733

    Default Re: Changing a Child's Name Without Process Server

    I don't know what you read, and I don't have any personal knowledge about name changes in Florida, but a name change is typically incredibly simply and relatively quick (esp. where both parents are in agreement). Whether changing a child's name to include a stepparent's name is a good idea is a completely different question, of course.

    The purpose of a process server is, as you might expect, to serve legal process. In your situation, it sounds like there would be no need for that.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,253

    Default Re: Changing a Child's Name Without Process Server

    If both parents agree it's easy. The process depends on whether the other parent lives in the same county or not. If they are in the same county, you just have them both join in the petition for the minor name change.
    If they don't, then you get the non-petitioning parent to fill out the "Consent for Change of Name (Minor Child(ren)), Florida Supreme Court Approved Family Law Form 12.982(d),"

    If the other parent doesn't consent, then yes, you must serve them with the notice of the hearing so they may weigh in on it. Unless you have absolutely no way of knowing where the other parent is (in which case you can use a substituted service procedure), you must have personal service. In Florida, the way to perform personal service is to either have the Sheriff or a designated process server do it. There's no procedure for either you or another random non-party to perform the service.

  5. #5
    Join Date
    Oct 2019
    Posts
    2

    Default Re: Changing a Child's Name Without Process Server

    Quote Quoting adjusterjack
    View Post
    You should not need a process server if you attach the notarized consent form to your petition:

    https://www.flcourts.org/content/dow...58188/982c.pdf

    https://www.flcourts.org/content/dow...58200/982d.pdf



    Attaching the consent to the petition should expedite the process but you'll still be at the mercy of the court scheduling. No way of knowing when that will be.



    No.
    Thank you for the reply, did not see it until you posted the link in the other forum.

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