Legal Question in Family Law in Florida

name change for minor children if biological father is deceased

I am a widower with three minor boys. I never married their biological father but gave two of the boys his last name (I left the father's name blank on their birth certs.) We parted and I married someone else. He wanted to adopt the boys but I did not want to try to find their father as he was abusive. Now my husband is deceased and when applying for his social security, I found out that my boys' biological father is also deceased. I would like to change the boys' last name to my deceased husband's (they are already using it in school). How do I go about it.

Thank you.


Asked on 2/15/04, 4:52 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: name change for minor children if biological father is deceased

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then you are instructed to stop here, and do not read any further.

You can file a Petition for Name Change which is a relatively simple action. You will have to set forth the reasons for the names being changed. Based on the fact that your children are still minors, the Court will probably require your approval which will be evident if you file the Petition.

You can do this alone or with an attorney. Forms may be found at the Florida Supreme Court's site online, but remember that there is no substitution for the guidance of an experienced Florida attorney.

Scott R. Jay, Esq., 305-249-8000

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Answered on 2/18/04, 1:30 am


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