Florida Child Name Change: How to Change a Minor's Name (2026 Guide)
Complete guide to changing a child's name in Florida. Learn consent requirements, what happens if one parent objects, and the court hearing process. $1,495 full representation.
Changing a Child's Name in Florida
Changing a minor child's name in Florida requires both parents' consent or a court order. The process is more complex than adult name changes because the court must consider the child's best interests.
This guide explains exactly how to change a child's name in Florida, including what happens if one parent objects.
---
When Parents Change a Child's Name
Common Reasons
- Stepparent adoption: Child taking stepparent's surname
- After divorce: Changing child's surname to custodial parent's name
- Correcting errors: Fixing mistakes on birth certificate
- Both parents agree: Parents want a different name for their child
- Safety reasons: Domestic violence situations
Requirements
---
Two Paths: Consent vs. No Consent
Path 1: Both Parents Consent
If both parents agree to the name change:
This is the fastest path—typically 4-6 weeks.
Path 2: One Parent Objects (or Can't Be Found)
If one parent doesn't consent:
This path takes longer—typically 2-4 months.
---
Notice Requirements
When Both Parents Consent
If both parents sign the petition or consent forms:
- No additional notice is required
- Hearing can be scheduled promptly
When One Parent Doesn't Consent
The non-consenting parent must be:
- Served with a copy of the petition
- Given notice of the hearing
- Allowed to appear and object
What If You Can't Find the Other Parent?
If the other parent cannot be located after diligent search:
- Document your search efforts
- Request service by publication (newspaper notice)
- The court may proceed without the other parent's participation
---
What the Court Considers
The Best Interests Standard
Unlike adult name changes (where the person chooses their own name), child name changes require the court to determine what's in the child's best interest.
Factors Considered
What Strengthens Your Case
- Both parents consent
- Child wants the name change
- Clear reason that benefits the child
- No evidence of intent to cut off the other parent
What Weakens Your Case
- One parent objects with valid reasons
- Appears designed to alienate the other parent
- No substantial reason for the change
- Child has used current name for many years
---
Can the Father Prevent a Child's Name Change?
Yes, if he has parental rights.
If the father has legal parental rights (established through marriage, paternity action, or birth certificate acknowledgment), he must:
- Consent to the name change, OR
- Be served with notice and given opportunity to object
If the father objects, the court will hold a hearing and decide based on the child's best interest. Neither parent's preference automatically controls—the court makes an independent determination.
When a Father's Objection May Be Overruled
- Father has abandoned the child
- Father has no relationship with the child
- Father's objection is not in child's best interest
- Child strongly prefers the new name
---
Stepparent Name Changes
A common situation: the custodial parent remarries and wants the child to have the stepparent's surname.
Requirements
- Biological parent must consent or be served
- The stepparent's willingness to have child use their name
- Best interest determination still applies
When Courts Approve Stepparent Name Changes
- Biological parent is absent or has abandoned child
- Child has significant relationship with stepparent
- Child wants the name change
- Name change won't interfere with biological parent's relationship
When Courts Deny Stepparent Name Changes
- Biological parent objects and is involved
- Change appears designed to alienate biological parent
- No compelling reason beyond convenience
- Child doesn't want the change
---
Child Name Change Timeline
| Step | Timeframe |
|---|---|
| Prepare and file petition | 3-5 days |
| Serve other parent (if needed) | 1-3 weeks |
| Response period | 20 days |
| Court hearing scheduled | 2-4 weeks |
| Hearing and judgment | Same day |
| Total (consent case) | 4-6 weeks |
| Total (contested case) | 2-4 months |
---
Child Name Change Costs
Court Fees
| Fee | Amount |
|---|---|
| Filing fee | ~$400 |
| Service of process (if needed) | $40-$100 |
| Certified copies | $2-5 each |
| Total court costs | $400-$500 |
Attorney Fees
Our full-service representation: $1,495
Includes:
- Petition for Change of Name (Minor)
- Consent forms (if both parents agree)
- Service/notice coordination on other parent
- E-filing with the court
- Hearing scheduling
- Remote hearing representation
- Final Judgment of Name Change
- Instructions for updating child's records
---
After the Name Change
Update These Records
Birth Certificate Changes
In Florida, you may be able to amend the birth certificate to reflect the new name. This requires:
- Certified copy of the Final Judgment
- Application to Florida Bureau of Vital Statistics
- Additional fee
---
Common Child Name Change Mistakes
1. Not Serving the Other Parent
If the other parent has legal rights, they must be served or consent. Failing to do this can void the name change.
2. Thinking Custody Gives You Unilateral Authority
Even if you have sole custody, the other parent (if they have parental rights) must be notified of a name change petition.
3. Not Considering the Child's Opinion
For older children, judges often want to hear the child's preference. Ignoring your child's wishes can hurt your case.
4. Framing It as Punishing the Other Parent
Name changes should benefit the child, not punish an ex. Courts see through attempts to alienate.
---
Get Your Child's Name Changed Legally
Changing a child's name requires navigating consent requirements and court hearings. At Divorce.law:
- $1,495 full-service representation
- We handle consent forms, service, filing, and hearing
- Remote hearing representation included
- Statewide Florida service
Protect your child's interests with proper legal process.
Related Topics
Ready to Take Action?
Based on what you're reading, these services may help:
Child Name Change
$1495Full representation for minors
Strategy Session
$12530-minute call to assess your situation
All services include attorney review. Court filing fees not included.
Not sure which service you need?
Victoria AI can assess your situation and recommend the right option.
About the Author
Antonio G. Jimenez, Esq.
Florida Bar #21022 · 20+ Years Experience · LL.M. Trial Advocacy
Antonio is the founder of Divorce.law and creator of Victoria AI, our AI legal intake specialist. A U.S. Navy veteran and former felony prosecutor, he has handled thousands of family law cases across Florida. He built this firm to deliver efficient, transparent legal services using technology he developed himself.
Have questions? Ask Victoria AIFrequently Asked Questions
Can I change my child's last name without the father's consent in Florida?
If the father has legal parental rights, he must either consent or be served with notice and given the opportunity to object. If he objects, the court will decide based on the child's best interest. A father's objection can be overruled if he's abandoned the child, has no relationship with the child, or if his objection isn't in the child's best interest.
How do I change my child's name in Florida?
File a Petition for Change of Name (Minor) with the circuit court. If both parents consent, include signed consent forms. If one parent doesn't consent, that parent must be served with notice. After a court hearing, the judge will approve the name change if it's in the child's best interest.
Can I change my child's name to my new husband's last name?
You can petition to change your child's surname to your new spouse's name, but the biological father must consent or be served and given opportunity to object. Courts approve stepparent name changes when the biological parent is absent, the child has a strong relationship with the stepparent, and the change benefits the child.
How long does a child's name change take in Florida?
If both parents consent, a child's name change typically takes 4-6 weeks. If one parent objects or can't be found, the process takes 2-4 months due to service requirements and a contested hearing.
How much does it cost to change a child's name in Florida?
Court filing fees are approximately $400, plus $40-100 for service of process if needed. Our full-service child name change representation costs $1,495 and includes the petition, service coordination, filing, and hearing representation.
Still Have Questions?
Every situation is different. Chat with Victoria AI to get personalized guidance based on your specific circumstances.
Ask Victoria AI