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  1. #1
    Join Date
    Jan 2008
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    1

    Default Precedent For Changing Child's Name When Other Parent Refuses Consent In Florida

    In my recent divorce my husband of three years demanded his last name back though we had an infant. I would like my daughter to have both our last names though I know he will not consent. We have currently 50% shared parental responsibilty. What is the precedent for asking the court for my child's name to be changed to both of our names even though he will not consent? I think it is in her interest. I don't care what order or hyphens. I'm considering asking my attorney to add this to current motion to enforce our settlement agreement.

    Thank you.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Precedent For Changing Child's Name When Other Parent Refuses Consent In Florida

    You would have to convince the court that the name change is in the child's best interest, considering factors such as the length of time the child has used the father's surname, need to identify with the family unit, and anything else the judge deems relevant. If you wish to try this, as it seems apparent that your husband will vehemently oppose the motion, you need to discuss it with your lawyer.

  3. #3
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Precedent For Changing Child's Name When Other Parent Refuses Consent In Florida

    Quote Quoting elizabethsk
    View Post
    I'm considering asking my attorney to add this to current motion to enforce our settlement agreement.
    Unless the issue was already addressed in your decree, it cannot be added to any motion for enforcement.
    However, it might be possible to file a new petition, or a supplemental modification petition asking for a name change. The best thing to do is to speak to your attorney about a possible name change. So far, most FL Judge's will usually allow a change to where both names hyphenated are used, but your attorney can tell you if your particular Judge is likely to do that over the objections of the other parent.

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