Legal Question in Family Law in Florida

Re: childs name change

When only one parent petitions for a change of name of a minor child, process shall be served on the other parent and proof of such service shall be filed in the cause; provided, however, that where the other parent is a nonresident, constructive notice of the petition may be given pursuant to chapter 49, and proof of publication shall be filed in the cause without the necessity of recordation.

FLORIDA STATUTE 68.07

In other words, if you wish to change your child's name without the consent of his father, you must serve his father notice of the name change which will give him a chance to respond/contest. HOWEVER, I do not have enough information to know whether or not his father's consent is needed. For example, you were married at the time of conception and/or birth of your son.

Also, perhaps this a situation where it is in the child's best interest to be adopted by your current husband?

I recommend that you contact a Florida attorney to assist you with these issues.