Posted by Nydia Streets of Streets Law in Name Change
Even when parents agree to change a minor child’s name in Florida, a court must make a finding that the change is in the best interest of the child. Changing a minor’s name was an issue in the case In Re: Name Change of M.T.F., 4D2024-0808 (Fla. 4th DCA January 15, 2025).
The mother in this case filed a petition to change her daughter’s last name. When the child was born, she was given her mother’s maiden name for her last name. The mother was remarried and took the last name of her husband. She shared a child with her new husband who also had the last name of her husband. On the father’s side, the father had a pregnant fiancee who would take his last name along with their soon-to-be-born child. The mother sought to change the child’s last name to one that used both her husband’s last name and the child’s father’s last name. After a hearing on the petition, the trial court denied the petition on the grounds that the mother “failed to present any legal authority and/or competent and substantial evidence to support a finding that changing [the child’s] name is in the minor child’s best interest.”
The mother then filed a motion for rehearing. According to the appellate opinion “The mother, father, and stepfather all submitted notarized affidavits explaining the reason for the name change and its importance to the child and the parents. Specifically, the mother’s detailed affidavit stated that no one else in the child’s immediate family had the child’s current last name and that the child was deeply hurt and frustrated because she did not share a last name with any of them. The mother emphasized that the child became upset when people asked about her name. The affidavit stated that the child felt removed from her maternal family, [. . .] Thus, the parents resolved to change the child’s last name to [one] which includes both the father’s last name and stepfather’s and mother’s last name.” The court denied the motion for rehearing and the mother appealed.
Reviewing under an abuse of discretion standard, the appellate court affirmed the denial of the petition but reversed on the denial of the motion for rehearing. The court held “That motion [for rehearing] included notarized affidavits from the mother, father, and stepfather agreeing to the name change and explaining why it was in the child’s best interests to change her last name. The mother specifically explained how distressing it is to the child to not share a name with any of her immediate family members. [. . .] We affirm the circuit court’s order denying the mother’s petition and reverse the circuit court’s order denying the mother’s motion for rehearing because the name change was uncontested, and the parents and the stepfather submitted affidavits stating why a name change was in the child’s best interests. In line with Y.M.X., we direct the circuit court “to immediately enter an order (1) granting the [mother’s] motion for rehearing, and (2) granting the [mother’s] petition to change the child’s [last] name based on the evidence attached to the [mother’s] motion for rehearing.” Id.”
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