Can a Father Who Establishes Paternity, Time Sharing, and a Parenting Plan in Orlando, Florida Change the Child’s Surname to his Surname?
- September 19, 2019
- ontarget
- Family Law
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Changing a child’s name is a serious matter and such action may be taken only where the record affirmatively shows that such change is required for the welfare of the minor child. The change in the Child’s Surname must be in the Best Interest of the Child.
Father stating that he wants to Change the Child’s Surname because it is in the Best Interest of the Child because Father wants to be involved in the Child’s life and that the change would promote a father-child relationship is insufficient reasoning to establish that the name change is in the Child’s best interest. It is not enough to establish that the Father wanted the Child to carry on his family name and to know his Father’s last name. It is not enough under those facts even where Mother had originally given Child her Surname in anger towards the Father. If only conclusory assertions are provided in the record, the issue should ordinarily be resolved against the party having the burden of proof, the proponent of change.
A name change may not be based solely on a finding of paternity. Claims of convenience are insufficient to support a name change. A Child’s surname may be modified only where the record affirmatively shows that such change is required for the welfare of the minor. This standard, emphasizing best interests of the child rather than parents.
In conclusion, to change the name of a Child is a serious matter and such action may be taken only where the record affirmatively shows that such change is required for the welfare of the Child. The party seeking the name change bears the burden of proof and the court’s decision must be based on some evidence other than the party’s conclusory assertions.
If you have more questions regarding a 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.
This article is for informational purposes only and does not form an attorney client privilege