How to Change a Child’s Name in Florida

When and why a parent changes a minor’s name

In Florida, a parent can ask the court to legally change a minor child’s name by filing a Petition for Change of Name (Minor Child(ren)) under § 68.07, Florida Statutes. For this proceeding, a minor is anyone under the age of 18. Parents typically seek a name change after a divorce or separation, to give a child the same last name as a custodial parent, to align a child’s name with the rest of the household, or to correct a name a child has used informally for years.

This standalone petition is not the right route if the name change is tied to an adoption, dissolution of marriage, or paternity action that is not yet final. In those situations, the name change should be requested as part of that existing case.

The legal standard: the court’s discretion

Under § 68.07, the name of a minor child “may be changed at the discretion of the court.” Unlike an adult petitioner who is changing only their own name, a request to change a child’s name is decided by a judge who weighs whether the change serves the child’s interests — not simply the wishes of the petitioning parent.

Florida courts have long applied a best-interest analysis to contested minor name changes. A judge can deny the petition even if the paperwork is complete, especially where the other parent objects and the change would weaken the child’s relationship with that parent.

The petition and the forms you will need

A minor name change in Florida typically involves the following Florida Supreme Court approved family law forms:

• Form 12.982(c) — Petition for Change of Name (Minor Child(ren)), the petition that starts the case
• Form 12.982(d) — Consent for Change of Name (Minor Child(ren)), filed when the other parent agrees to the change
• Form 12.982(e) — Final Judgment of Change of Name (Minor Child(ren)), the order the judge signs if the petition is granted
• A Supplemental Form for each additional child or additional petitioner (one petition covers one child by one petitioner)

You file the original petition with the clerk of the circuit court in the county where you live and keep a copy for your records.

Notice and consent of the other parent

How you proceed depends on whether the other parent agrees:

• Both parents agree and both live in the county where the change is sought — you may both file as petitioners. In that case, service is not necessary and you only need to set a hearing.
• Only one parent petitions — under § 68.07, process must be served on the other parent and proof of that service must be filed in the case. If the other parent consents, file a Consent for Change of Name (Minor Child(ren)), Form 12.982(d).
• The other parent does not consent — you may still have a hearing if you have properly notified the other parent of both the petition and the hearing, using personal service or, if you cannot locate the parent, constructive service.

The background check and the hearing

Before the hearing, each adult petitioner’s fingerprints must be submitted for a state and national criminal history records check, unless you are restoring a former name. The fingerprints are submitted to the Florida Department of Law Enforcement, which forwards them to the FBI for national processing.

You may not request a hearing on the petition until the fingerprints are filed and the clerk of court has received the results of the background check. The clerk can tell you how to have your fingerprints taken and submitted. This process can take several weeks. The petition also requires you to disclose whether you have ever been required to register as a sexual predator under § 775.21 or as a sexual offender under § 943.0435.

At the hearing, the judge considers your request. If the petition is granted, the judge signs the Final Judgment of Change of Name (Minor Child(ren)), Form 12.982(e), which officially changes the child’s name. You can then obtain certified copies of the signed order from the clerk.

Costs and timeline

Expect several categories of cost in a minor name change:

• The filing fee charged by the clerk of the circuit court, which varies by county
• The cost of processing fingerprints and the criminal history records check, which under § 68.07 is borne by the parent or guardian seeking the change
• Service of process on the other parent, if only one parent is petitioning
• Charges for certified copies of the final judgment, which you will need to update the child’s records

Timing depends heavily on the background check, which can take several weeks, and on whether the other parent consents. An uncontested change with both parents as petitioners moves faster than a contested case that requires service and a full hearing.

What the judge weighs

Because the change is granted at the court’s discretion, it helps to be ready to show why the new name serves the child. Factors a court may consider include:

• The length of time the child has used the current name and the name the child is known by at school and in the community
• The effect of the change on the child’s relationship with each parent
• Whether the requesting parent has a sound, child-focused reason for the change rather than a desire to undermine the other parent
• The preference of an older or more mature child
• Whether both parents support the change, which makes an uncontested, stronger case