Florida Laws on Changing a Child's Name

• In Florida, a parent must file a petition for a child's name change in a circuit court. Andrew Dernie/Photodisc/Getty Images

  Changing a child's name in Florida may be done for many reasons, from an adoption case to children who simply wish to have a new name. However, there are several laws and regulations that the child's parent must comply with before a Florida judge will grant a name change request for a minor child, and the process is completed.

Types of Name Changes

• Florida allows a child's name to be changed for many personal reasons, as long as the change is not based in an ulterior motive or illegal activity. While most name changes are done by completing a petition for a child's name change, in cases of adoption, divorce and paternity, the child's name change must be requested as part of the open case.

Parental Permission

• Both parents must provide permission for a child's name change. In cases where both parents live in the same Florida county as the child, where the name change petition must be filed, they may file the petition as joint petitioners. In cases where one parent lives out of the area or only one parent is actively seeking the child's name change, the second parent must be notified and consent to the name change. If the non-petitioning parent does not consent to the name change and has been notified of the process, the petition can still be filed and a hearing can still be conducted, though the Florida state courts suggest discussing the issue with a lawyer, as the process is often complex.

Background Check

• The petitioning parent, or parents, must undergo a criminal background check at both the state and national level before a name change petition hearing can be scheduled. Parents must be fingerprinted in a Florida Department of Law Enforcement-approved manner, submit their fingerprints to the Department of Law Enforcement, file a copy with the local clerk of court and wait for the background check results to be returned before a hearing is scheduled.

Paperwork Regulations

• Parents requesting a name change for a minor child must file a petition with the local clerk of court to obtain a name change hearing with a judge. The petition must be completed in black ink or typed and must be signed before a Florida notary public or a deputy clerk. After it is completed, a copy should be made for the parents' records and the original must be filed with the county clerk of court in the area where the petitioning parent and child live.

Hearing

• Each county circuit court has its own requirements regarding name change hearing procedures. The Florida State Courts encourage petitioners to talk to the local clerk of court to determine the scheduling and attendance requirements of the local court. If a judge approves the child's name change, an order is signed that officially changes the child's name. Certified copies of the name change are available, for a fee, from the clerk's office.