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A name change form for a minor child in Florida is a legal document used to change a child's name legally as per the requirement of the parent or guardian.
A parent or legal guardian of the minor child can apply for a name change in Florida.
Some common reasons for changing a child's name in Florida include divorce or remarriage of a parent, correcting a misspelled name, or personal preference.
You can obtain the name change forms for a minor child in Florida from the Clerk of Court's office in the county where you reside.
The name change form will typically require information such as the child's current name, desired new name, reason for the name change, parent or guardian's information, and supporting documentation as necessary.
Yes, there is usually a filing fee associated with submitting a name change form for a minor child in Florida. The fee amount may vary by county, so it is best to check with the Clerk of Court's office.
The time it takes for a minor child's name change process in Florida can vary depending on the county and individual circumstances. It generally takes a few weeks to a few months.
After submitting the name change form, the Court will review the application. If approved, you will receive a court order granting the name change, which can be used to update legal documents and identification.
Ideally, both parents should consent to a name change for a minor child in Florida. However, if one parent cannot be located or refuses to give consent, the requesting parent may still be able to proceed with the name change by providing appropriate documentation and demonstrating that it is in the child's best interest.
Yes, a name change for a minor child in Florida can be contested by any person who can show the court that the name change is not in the child's best interest or that the petitioner has ulterior motives.
Note: This summary is not intended to be an all inclusive discussion of the law applicable to an action for change of name in your State,, but does include basic and other provisions.
Name Change Action Allowed: In Florida, a husband and wife may join with their minor children to change their names by filing an action in the Chancery Court with appropriate forms.
Who is an adult? A person who has attained the age of 18 years is considered an adult.
Who is a minor? A person who has not attained the age of 18 years is considered a minor.
Is there any reason why a person might not be allowed to change his or her name? Yes. The court must find that the requested name change is consistent with the public interest. A person is not allowed to change their name in order to avoid judgments or legal actions against him or her, or to avoid debts and obligations.A person can not change their name to defraud any person.
Must the child agree to the name change? No, but the court may consider the wishes of a child old enough to express their wishes in considering whether to grant the Petition.
Must the parent(s) of the minor agree to the name change? If the Petition is presented by only one parent, the Petitioner must give notice of the action to the other parent. This is done by serving a copy of the Petition upon the parent and filing proof of service with the court. If the missing parent is a non-resident, the court may authorize constructive service with proof of publication being filed with the court.
Following receipt of the parent's response or upon expiration of the time for their response, the court may proceed to rule on the petition or issue such further orders as the court deems appropriate. This might include a hearing on the Petition.
Requirements for Name Change Order: For an order of name change to be granted, the court must finds sufficient reasons for the change and also find it consistent with the public interest. A change of name upon marriage, dissolution, or divorce meets these requirements.
Is Publication of a Notice Required? No.
Can individuals object to my Petition for Name Change? Yes. Any reasonable objections made to the court may influence the court's findings as to whether the change of name is consistent with the public interest.
After the court grants my Petition for Change of Name, may I obtain a new birth certificate? Yes. See information below.
Procedures:
The process for obtaining a name change for an adult in the State of Florida begins with the filing of a Petition with the Superior Court in the jurisdiction in which Petitioner resides. The petitioners must attach to the Petition a FBI fingerprint card for each individual getting a name change. The Petition informs the Court of the Petitioner's name, the name the Petitioner wishes to adopt, information about the Petitioner required by statute such their education, marital status, and the reasons for the requested change of name.
The hearing on the name change may be held immediately after it is filed.
If the court finds that the requirements of the law have been satisfied and no reason exists for not granting the Petition, the Order will be issued by the court. Thereafter, the Petitioner is free to assume their new name.
Additonal Information and Instructions:
Statutes:
Title VI Civil Practice and Procedure
Chapter 68 Miscellaneous Proceedings
Change of name:
(1) Chancery courts have jurisdiction to change the name of any person residing in this state on petition of the person filed in the county in which he or she resides.Other Name Change References:
Title XXIX Public Health
Chapter 382 Vital Statistics
Amendment of records:
(1) The department, upon receipt of the fee prescribed in s. 382.0255; documentary evidence, as specified by rule, of any misstatement, error, or omission occurring in any birth, death, or fetal death record; and an affidavit setting forth the changes to be made, shall amend or replace the original certificate as necessary.Department to receive dissolution-of-marriage records; fees:
Clerks of the circuit courts shall collect for their services at the time of the filing of a final judgment of dissolution of marriage a fee of up to $10.50, of which 43 percent shall be retained by the clerk of the circuit court as a part of the cost in the cause in which the judgment is granted. The remaining 57 percent shall be remitted to the Department of Revenue for deposit to the Department of Health to defray part of the cost of maintaining the dissolution-of-marriage records. A record of each and every judgment of dissolution of marriage granted by the court during the preceding calendar month, giving names of parties and such other data as required by forms prescribed by the department, shall be transmitted to the department, on or before the 10th day of each month, along with an accounting of the funds remitted to the Department of Revenue pursuant to this section.Title XXIX Public Health, Chap.382 Vital Statistics, Sec.382.023.
Title VI Civil Practice and Procedure
Chapter 61 Dissolution of Marriage; Support; Custody
Dissolution of marriage:
(4) A judgment of dissolution of marriage shall result in each spouse having the status of being single and unmarried. No judgment of dissolution of marriage renders the child of the marriage a child born out of wedlock.Title VI Civil Practice and Procedure,Chap.61 Dissolution of Marriage; Support; Custody, Sec.61.052.
Note: This summary is not intended to be an all inclusive discussion of the law applicable to an action for change of name in your State,, but does include basic and other provisions.
Name Change Action Allowed: In Florida, a husband and wife may join with their minor children to change their names by filing an action in the Chancery Court with appropriate forms.
Who is an adult? A person who has attained the age of 18 years is considered an adult.
Who is a minor? A person who has not attained the age of 18 years is considered a minor.
Is there any reason why a person might not be allowed to change his or her name? Yes. The court must find that the requested name change is consistent with the public interest. A person is not allowed to change their name in order to avoid judgments or legal actions against him or her, or to avoid debts and obligations.A person can not change their name to defraud any person.
Must the child agree to the name change? No, but the court may consider the wishes of a child old enough to express their wishes in considering whether to grant the Petition.
Must the parent(s) of the minor agree to the name change? If the Petition is presented by only one parent, the Petitioner must give notice of the action to the other parent. This is done by serving a copy of the Petition upon the parent and filing proof of service with the court. If the missing parent is a non-resident, the court may authorize constructive service with proof of publication being filed with the court.
Following receipt of the parent's response or upon expiration of the time for their response, the court may proceed to rule on the petition or issue such further orders as the court deems appropriate. This might include a hearing on the Petition.
Requirements for Name Change Order: For an order of name change to be granted, the court must finds sufficient reasons for the change and also find it consistent with the public interest. A change of name upon marriage, dissolution, or divorce meets these requirements.
Is Publication of a Notice Required? No.
Can individuals object to my Petition for Name Change? Yes. Any reasonable objections made to the court may influence the court's findings as to whether the change of name is consistent with the public interest.
After the court grants my Petition for Change of Name, may I obtain a new birth certificate? Yes. See information below.
Procedures:
The process for obtaining a name change for an adult in the State of Florida begins with the filing of a Petition with the Superior Court in the jurisdiction in which Petitioner resides. The petitioners must attach to the Petition a FBI fingerprint card for each individual getting a name change. The Petition informs the Court of the Petitioner's name, the name the Petitioner wishes to adopt, information about the Petitioner required by statute such their education, marital status, and the reasons for the requested change of name.
The hearing on the name change may be held immediately after it is filed.
If the court finds that the requirements of the law have been satisfied and no reason exists for not granting the Petition, the Order will be issued by the court. Thereafter, the Petitioner is free to assume their new name.
Additonal Information and Instructions:
Statutes:
Title VI Civil Practice and Procedure
Chapter 68 Miscellaneous Proceedings
Change of name:
(1) Chancery courts have jurisdiction to change the name of any person residing in this state on petition of the person filed in the county in which he or she resides.Other Name Change References:
Title XXIX Public Health
Chapter 382 Vital Statistics
Amendment of records:
(1) The department, upon receipt of the fee prescribed in s. 382.0255; documentary evidence, as specified by rule, of any misstatement, error, or omission occurring in any birth, death, or fetal death record; and an affidavit setting forth the changes to be made, shall amend or replace the original certificate as necessary.Department to receive dissolution-of-marriage records; fees:
Clerks of the circuit courts shall collect for their services at the time of the filing of a final judgment of dissolution of marriage a fee of up to $10.50, of which 43 percent shall be retained by the clerk of the circuit court as a part of the cost in the cause in which the judgment is granted. The remaining 57 percent shall be remitted to the Department of Revenue for deposit to the Department of Health to defray part of the cost of maintaining the dissolution-of-marriage records. A record of each and every judgment of dissolution of marriage granted by the court during the preceding calendar month, giving names of parties and such other data as required by forms prescribed by the department, shall be transmitted to the department, on or before the 10th day of each month, along with an accounting of the funds remitted to the Department of Revenue pursuant to this section.Title XXIX Public Health, Chap.382 Vital Statistics, Sec.382.023.
Title VI Civil Practice and Procedure
Chapter 61 Dissolution of Marriage; Support; Custody
Dissolution of marriage:
(4) A judgment of dissolution of marriage shall result in each spouse having the status of being single and unmarried. No judgment of dissolution of marriage renders the child of the marriage a child born out of wedlock.Title VI Civil Practice and Procedure,Chap.61 Dissolution of Marriage; Support; Custody, Sec.61.052.