Changing Names

What Is In A Name?

Names are used to identify a person. At common law, a person was legally entitled to be called any name that he or she desired. A person may adopt a name different from his name given at birth. No formal legal action is required to use another name as your name under the common law of Florida. However, a name cannot be assumed when the purpose is to perpetuate a fraud. See In Re: Adoption of Long, 56 So. 2d 450 (Fla. 1952). Also, a person’s legal name is the name that they were given at birth until and unless a formal name change occurs through legal action or marriage.

Changing Name As A Part Of Divorce

A wife may change her name when she becomes married, and she may change her name again as part of a divorce proceeding. The request is included in her petition or counter petition for dissolution of marriage. Florida Statutes § 68.07(8) allows a name change in the divorce action without the detailed disclosure required when filing a separate petition for change of name (see below). If the original petition or counter petition does not contain a request for name change, it can be amended, even at the last moment. There is generally no additional cost to include a change of name as part of the divorce.

Many mothers keep their married name because they want the same name as their children. A husband who desires that his wife no longer use his last name cannot dictate this, as it is the wife’s right to be known by any name of her choosing. Unless there is direct evidence of harm to a child, a mother has the right to return to her maiden name. See Pilch v. Pilch, 447 So. 2d 989 (Fla. 1^st DCA 1984) and In re the Petition of Hooper, 436 So. 2d 401 (Fla. 2d DCA 1983).

Correcting Name Or Other Errors On Child's Birth Certificate

A child's name or information on the birth certificate may be incorrect or missing. Florida Statutes § 382.016 permits birth certificates to be amended by filing HRS Form 429. The form can be obtained from the Office of Vital Statistics, P.O. Box 210, Jacksonville, Florida 32201. Proof of the mistake or error must be provided.

Florida Administrative Code Rule l0D-49.016(1) provides a simplified procedure for correcting birth certificates of children under the age of 7. A parent, guardian, or legal representative may file a written request to change the hour of birth, the parents' age, residence, mailing address, or social security number. Misspelling or transposition of letters can also be corrected, as can the given name or surname of the child. The sex of the child can be clarified if this was left blank or the sex recorded on the birth certificate is clearly in conflict with the given name on the birth certificate.

Proof of the error for older children can be made with notarized documentary evidence. If the child is over 7 years of age, but under 18 years old, documents must have been established before the child reached 7. If the child is over 18 years of age, the documents used to prove the error must have been established before the child's 18th birthday and must be at least 5 years old. See Florida Administrative Code l0D-49.016(2) for more information.

Good sources of documentary evidence include court orders, social security applications, school records, and medical records or statements.

Independent Petitions To Change Name

Florida Statutes § 68.07 describes how a formal, legal change of name may be obtained when it is not changed as part of a divorce, adoption, or paternity action. The statute permits an individual to change his or her name, a family to change the family name, or one or both parents to change the name of a child (see below).

The petition to change a name must be signed under oath and show:

1. That the petitioner is a bona fide resident of and domiciled in the county where the change of name is sought;
2. If known, the date and place of birth of petitioner, petitioner's father's name, mother's maiden name, and where petitioner has resided since birth;
3. If the petitioner is married, the name of petitioner's spouse and if petitioner has children, the names and ages of each and where they reside;
4. If petitioner's name has previously been changed and when and where and by what court;
5. Petitioner's occupation and where petitioner is employed and has been employed for 5 years next preceding filing of the petition. If petitioner owns and operates a business, the name and place of it shall be stated and petitioner's connection therewith and how long petitioner has been identified with said business. If petitioner is in a profession, his profession shall be stated, where he has practiced his profession and if a graduate of a school or schools, the name or names thereof, time of graduation, and degrees received;
6. Whether the petitioner has been generally known or called by any other names and if so, by what names and where;
7. Whether petitioner has ever been adjudicated a bankrupt and if so, when and where;
8. Whether petitioner has ever been convicted of a felony and if so, when and where;
9. Whether any money judgment has ever been entered against petitioner and if so, the name of the judgment creditor, the amount and date thereof, the court by which entered, and whether the judgment has been satisfied;
10. That the petition is filed for no ulterior or illegal purpose and granting it will not in any manner invade the property rights of others, whether partnership, patent, good will, privacy, trademark, or otherwise;
Requests to change an individual's name or the family name do not require notice to third parties. There is no one to serve with a copy of the petition. A hearing may be held any time after the filing of the petition.
The power of the court to deny the request to change a name of an adult is limited to those circumstances when the change is sought for an illegal or fraudulent purpose or where it affects the property rights of others. Except for those reasons, a change of name for adults is routinely granted.

Changing A Child's Name

A minor child's name can be changed by one or both parents. If both parents join in (sign under oath) the petition, the procedure is the same as for an individual seeking to change their name. Such a proceeding would be by mutual consent and thus uncontested.
If only one parent petitions for a change of name of a minor child, a copy of the petition must be served by process server on the other parent, and the other parent must have the opportunity to object to any proposed changes (due process). Proof of service must be filed with the Clerk of Court. Florida Statutes § 68.07(6) provides for special notice provisions if one parent resides outside of Florida.
The parent served with the petition has 20 days within which to file an answer or objection to the petition. The change in the child's name must be denied if it is requested for an ulterior or illegal purpose, or if granting the change will invade the property rights of others. The change in the child's name will also be denied if the change is not in the child's best interests. The objection on these grounds should set forth what the adverse effect would be on the child if the change of name were granted. The Court would then have to decide the dispute, with both sides presenting evidence to support their position.

Notifying Others Of The New Name

The Clerk of Court is required to file a report of any name changes to the Bureau of Vital Statistics. But it is up to the individual whose name has been changed to notify the various state, federal and private agencies of the change in name. Some examples of personal records issued by state agencies are driver's licenses, title to vehicles, boats, or airplanes, voter registration cards, state or county business licenses, homestead declarations, and school board records. Examples of federal agencies to be notified are the Social Security Administration and Veteran's Administration. Personal documents that should be changed include wills and trusts, ownership of bank accounts, ownership of stocks and bonds, credit cards, insurance policies, telephone listings, and employment records.
The Internal Revenue Service is notified of a change of name by filing Form 8822. The Social Security Administration is notified of a change of name by filing form SS-5. The forms are available online, through the local IRS office and any Social Security office or may be obtained through our office.
Certified copies of the Final Judgment granting the change of name are available from the Clerk of Court for a small fee. These copies are then provided to the appropriate agency together with any form they may have to make the change to their records.