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  1. #1
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    Feb 2008
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    2

    Default Child Name Change In Florida Due To Father In Prison

    I have a 7 year old son and I live in a different Florida county then where he was born in Florida. His biological father has been put in jail a few months ago for sexual abuse to a minor that is not my son and he is currently in trial. His charges will put him in jail for life or at least until well after my son is grown. I recently got remarried and I would like to have my son's name changed to match my new name without having him legally adopted by my new husband. Do I need to get the biological father's consent for the name change even if he is in jail and in another county or can I just petition the court with my name change request based on the current circumstances. He is on the birth certificate and we were married at the time of the birth of my son. Our divorce shows that we have shared parental responsibility and I have primary residential responsibility of my son. The divorce also shows that my X was to have only supervised visitation with my son due to a previous crime he committed with endangering a minor. Any assistance on this matter would be appreciated.

  2. #2
    Join Date
    Jul 2006
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    5,437

    Default Re: Child Name Change In Florida Due To Father In Prison

    Yes, the father must consent.

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

    Default Re: Child Name Change In Florida Due To Father In Prison

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    I have a 7 year old son and I live in a different Florida county then where he was born in Florida. His biological father has been put in jail a few months ago for sexual abuse to a minor that is not my son and he is currently in trial. His charges will put him in jail for life or at least until well after my son is grown. I recently got remarried and I would like to have my son's name changed to match my new name without having him legally adopted by my new husband. Do I need to get the biological father's consent for the name change even if he is in jail and in another county or can I just petition the court with my name change request based on the current circumstances. He is on the birth certificate and we were married at the time of the birth of my son. Our divorce shows that we have shared parental responsibility and I have primary residential responsibility of my son. The divorce also shows that my X was to have only supervised visitation with my son due to a previous crime he committed with endangering a minor. Any assistance on this matter would be appreciated.
    If your ex isn't willing to consent, you will need to file in court to ask the court to allow it over the father's objections. With your ex's criminal history you'd probably have a good chance at prevailing. Since your ex will be in prison for so long, you might want to consider also filing for a modification of the custody at the same time.

    Just out of curiosity, since you are remarried and given your ex's criminal history and danger to children, have you and your husband considered doing a TPR and step parent adoption instead?

  4. #4
    Join Date
    Feb 2008
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    2

    Default Re: Child Name Change In Florida Due To Father In Prison

    What's a TPR? Yes my husband and I have considered adoption, but at this point I was more concerned with the name change, we are also not in a position financially right now for us to hire an attorney since we are currently on one income so I was trying to see what my options were. Having my son adopted by my current husband would be a bonus, but my main concern is having my son to break all ties with my X since he is clearly unfit. I also considered modifying the custody agreement to sole custody. Would I have to do that in the county in which our divorce and custody agreement was settled and would my X have the chance to go to court on this since he is currently in jail in that county?

  5. #5
    Join Date
    Jul 2006
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    Florida
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    2,773

    Default Re: Child Name Change In Florida Due To Father In Prison

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    What's a TPR? Yes my husband and I have considered adoption, but at this point I was more concerned with the name change, we are also not in a position financially right now for us to hire an attorney since we are currently on one income so I was trying to see what my options were. Having my son adopted by my current husband would be a bonus, but my main concern is having my son to break all ties with my X since he is clearly unfit. I also considered modifying the custody agreement to sole custody. Would I have to do that in the county in which our divorce and custody agreement was settled and would my X have the chance to go to court on this since he is currently in jail in that county?
    A TPR is a termination of parental rights.

    Yes, you'll need to file in the county where the court order is.

    Your ex might possibly be allowed to attend a hearing, some county's do allow inmates to attend, but that is soley up to that county's sheriff's rules.

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