Posted by Nydia Streets of Streets Law in Florida Name Change
What are some reasons a name change petition can be denied in Florida? Some issues a court may consider in determining if a name change can be granted are if a person is changing his or her name to escape a criminal record or to defraud creditors. This was an issue in the case In re: Steven Benton Aubrey, 4D22-231 (Fla. 4th DCA August 24, 2022).
The petitioner in this case sought to change his name. His request was denied, with the final order stating this was decided "so as not to invade the property rights of judgment creditors.” The petitioner appealed. The appellate court noted “‘When a court denies a facially sufficient petition for name change, the court must provide the factual basis for doing so.’ In re Williams, 335 So. 3d 145, 145 (Fla. 4th DCA 2022). A conclusory order without an articulated factual basis is insufficient to support the denial of a name change.” The court found the order on appeal did not provide a factual basis explaining how the name change would violate property rights of judgment creditors. The court concluded “On remand, the trial court may take into consideration events subsequent to the filing of the petition, such as appellant’s arrest on criminal charges arising out of Texas.”
Schedule your consultation with a Miami name change lawyer to understand the legal process.