Blog

Can the Child’s Surname Be Changed in an Orlando, Florida Area Paternity Case?

The child’s name may be changed in an Orlando Area Paternity Case if the parent requesting the name change can show that the name change is required for the welfare of the child. The name change must be in the best interest of the child. In order for the court to change the child’s surname the record must affirmatively show that the surname change is required for the welfare of the child. 

The proponent of the name change, the requesting party carries the burden of proof, and conclusory assertions are insufficient to meet the burden. A finding of Paternity cannot be the sole basis for a name change. 

In the court order changing a child’s name, the court must articulate how the name change is in the child’s best interest. The record must show that the name change is required for the welfare of the child. 

Speculative arguments made by a party will not suffice in meeting the burden. The trial court has been reversed for issuing an order changing the child’s surname to that of father because he failed to meet his burden of demonstrating that the name change was in the best interest of the child where father merely wished for child to carry on his family name; argued that it was customary for the child to take his name, and made the speculative assertion that the child may experience ridicule if he does not share a surname with his father. In that case the father did not show any evidence that the name change requested was in the child’s best interest. The father did not show that the name change was for the welfare of the child. 

In another case the trial court was reversed because the father did not meet the burden for changing the surname where the father made the speculative arguments that the mother would soon marry and could take her husband’s surname, in which case the child’s name would be different from that of either parent, and that not incorporating the father’s surname into that of the child could send a negative message to the child about mother’s attitude about the father-child relationship.

If you have more questions regarding a Paternity or Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: 

https://www.annmariegildenlaw.com.   

This article is for informational purposes only; and it does not form an attorney client privilege.