Opinion
No. SC04-1979.
November 24, 2004.
The 2004 Florida Legislature amended section 68.07, Florida Statutes (2003), to require a petitioner filing a name change petition to include a copy of the petitioner's fingerprints taken by a law enforcement agency except where a former name is being restored, and to require the petitioner to state whether he or she has ever been arrested for or charged with, pled guilty or nolo contendere to, or has been found to have committed a criminal offense, regardless of adjudication. See ch. 2004-34, § 1, at 337-38, Laws of Fla. These amendments became effective on July 1, 2004, see ch. 2004-34, § 4, at 339, Laws of Fla., and affect the Florida Supreme Court Approved Family Law Forms.
Pursuant to the procedures approved by this Court in Amendments to the Florida Family Law Rules of Procedure Family Law Forms, 810 So.2d 1, 14 (Fla. 2000), this Court has internally reviewed the Florida Supreme Court Approved Family Law Forms and determined that amendments to existing name change forms are necessary as a result of the legislation.
We have jurisdiction. See art. V, § 2(a), Fla. Const.
We hereby adopt amendments to the following Florida Supreme Court Approved Family Law Forms: Petition for Change of Name (Adult), Florida Supreme Court Approved Family Law Form 12.982(a); Petition for Change of Name (Minor Child(ren)), Florida Supreme Court Approved Family Law Form 12.982(c); and Petition for Change of Name (Family), Florida Supreme Court Approved Family Law Form 12.982(f).
The forms are adopted as set forth in the appendix to this opinion, fully engrossed, effective for immediate use. We direct that these forms be published in The Florida Bar News so that any interested person may file comments with this Court by February 1, 2005. By adoption of these forms, we express no opinion as to their correctness or applicability, or on the substance of the new legislation. This opinion and the forms discussed herein may be accessed and downloaded from the Florida State Courts website at www.flcourts.org.
It is so ordered.
PARIENTE, C.J., and WELLS, ANSTEAD, LEWIS, QUINCE, CANTERO, and BELL, JJ., concur.
INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.982(a), PETITION FOR CHANGE OF NAME (ADULT)
When should this form be used?
This form should be used when an adult wants the court to change his or her name. This form is not to be used in connection with a divorce action. If you want a change of name because of a dissolution of marriage that is not yet final, the change of name should be done as part of that case.
This form should be typed or printed in black ink. You must obtain a copy of your fingerprints taken by a law enforcement agency and attach it to the petition. There may be a charge for the fingerprinting which you will have to pay. After completing this form, you should sign the form before a notary public or deputy clerk. You should file the original with the clerk of the circuit court in the county where you live and keep a copy for your records.
What should I do next?
Next, you must obtain a hearing date for the court to consider your request. You should ask the clerk of court, family law intake staff , or judicial assistant about the local procedure for setting a hearing. You may be required to attend the final hearing. Included in these forms is a Final Judgment of Change of Name (Adult), Florida Supreme Court Approved Family Law Form 12.982(b), which the judge may use. You should check with the clerk, family law intake staff, or judicial assistant, to see if you need to bring a final judgment form with you. If so, you should type or print the heading, including the circuit, county, case number, division, and the parties' names, and leave the rest blank for the judge to complete at your hearing or trial.
If the judge grants your petition , he or she will sign this order. This officially changes your name. The clerk can provide you with certified copies of the signed order. There will be charges for the certified copies, and the clerk can tell you how much those charges are.
Where can I look for more information?
Before proceeding, you should read "General Information for Self-Represented Litigants" found at the beginning of these forms. For further information, see section 68.07, Florida Statutes.
Special notes . . .
The heading of the form calls for the name of the petitioner. Your current name should go there, as you are the one who is asking the court for something. The judicial circuit, case number, and division may be obtained from the clerk of court's office when you file the petition.
It may be helpful to compile a list of all of the people and/or places that will need a copy of your final judgment. This list may include the driver's license office, social security office, banks, schools, etc. A list will help you know how many copies of your order you should get from the clerk of court after your hearing.
Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.
Florida Supreme Court Approved Family Law Form 12.982(a), Petition for Change of Name (Adult) (11/04)
PETITION FOR CHANGE OF NAME (ADULT) full legal name street address date city county state country Family all including those over 18 Name last, first, middle initial Age Address, City, State Former names all by a court. by court order date court, city, and state by marriage date city, county, and state list name(s) and explain where you were known or called by such name(s) Occupation company and address Business one date Profession one Education Criminal History one Bankruptcy one date city county state Creditor(s)' Judgments one if Fingerprints I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this petition and that the punishment for knowingly making a false statement includes fines and/or imprisonment. IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: all full legal name and trade name of nonlawyer street city state phone name
IN THE CIRCUIT COURT OF THE __________ JUDICIAL CIRCUIT, IN AND FOR __________ COUNTY, FLORIDA Case No.: _________________________ Division: _________________________ IN RE: THE NAME CHANGE OF ________________________________, Petitioner. I, {} __________, being sworn, certify that the following information is true: 1. My complete present name is: _________________________________________. I request that my name be changed to: ________________________________. 2. I live in _______ County, Florida, at {} _______________ ______________________________________________________________________. 3. I was born on {} ____, in {} ____, {} ____, {} ____, {} ____. 4. My father's full legal name: _________________________________________. My mother's full legal name: _________________________________________. My mother's maiden name: _____________________________________________. 5. I have lived in the following places since birth: Dates (to/from) Address ______/______ _______________________________________________________ ______/______ _______________________________________________________ ______/______ _______________________________________________________ ______/______ _______________________________________________________ ______/______ _______________________________________________________ ______/______ _______________________________________________________ ______/______ _______________________________________________________ ______/______ _______________________________________________________ ______/______ _______________________________________________________ ______/______ _______________________________________________________ Check here if you are continuing these facts on an attached page. 6. [ that apply] ___ a. I am not married. ___ b. I am married. My spouse's full legal name is: ____________________. ___ c. I do not have child(ren). ___ d. The name(s), age(s), and address(es) of my child(ren) are as follows (all children, , must be listed): {} _____________________________________ _____ ________________________ _____________________________________ _____ ________________________ _____________________________________ _____ ________________________ _____________________________________ _____ ________________________ _____________________________________ _____ ________________________ Check here if you are continuing these facts on an attached page. 7. [ that apply] ___ My name has never been changed ___ My name previously was changed from __________ to __________ on {} __________, by {} ___________________. A copy of the court order is attached. ___ My name previously was changed from _____________ to __________ on {} __________, in {} __________________. A copy of the marriage certificate is attached. ___ I have never been known or called by any other name. ___ I have been known or called by the following other name(s): { } ______________________ ______________________________________________________________________ ______________________________________________________________________. 8. My occupation is: _____________________________________________________. I am employed at: {} _______________________________ _______________________________________________________________________. During the past 5 years, I have had the following jobs: Dates (to/from) Employer and employer's address ______/______ ________________________________________________________ ______/______ ________________________________________________________ ______/______ ________________________________________________________ ______/______ ________________________________________________________ ______/______ ________________________________________________________ ______/______ ________________________________________________________ ______/______ ________________________________________________________ Check here if you are continuing these facts on an attached page. 9. [ only] ___ I do not own and operate a business. ___ I own and operate a business. The name of the business is: ___________. The street address is: _______________________________________________. My position with the business is: ____________________________________. I have been involved with the business since: {} _________________. 10. [ only] ___ I am not in a profession. ___ I am in a profession. My profession is: ______________________________. I have practiced this profession: Dates (to/from) Place and address ______/______ _____________________________________________________ ______/______ _____________________________________________________ ______/______ _____________________________________________________ ______/______ _____________________________________________________ ______/______ _____________________________________________________ Check here if you are continuing these facts on an attached page. 11. I have graduated from the following school(s): Degree Date of Received Graduation School _________ ____________ __________________________________________ _________ ____________ __________________________________________ _________ ____________ __________________________________________ Check here if you are continuing these facts on an attached page. 12. [ only] ___ I have never been arrested for or charged with, pled guilty or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication. ___ I have a criminal history. In the past I have been arrested for or charged with, pled guilty or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication. The details of my criminal history are: Date City/State Event (arrest, charge, plea, or adjudication) _______________________________________________________________________ _______________________________________________________________________ _______________________________________________________________________ Check here if you are continuing these facts on an attached page. 13. [ only] ___ I have never been adjudicated bankrupt. ___ I was adjudicated bankrupt on {} ____, in {} ____, {} ____, {} ____. Check here if you have filed additional bankruptcies, and explain on an attached page. 14. [ only] ___ I have never had a money judgment entered against me by a creditor. ___ The following creditor(s)' money judgment(s) have been entered against me: Date Amount Creditor Court entering judgment and case number Paid ____ ______ ________ _______________________________________ ____ ______ ________ _______________________________________ ____ ______ ________ _______________________________________ ____ ______ ________ _______________________________________ Check here if these facts are continued on an attached page. 15. A copy of my fingerprints taken by a law enforcement agency is attached to this petition. 16. I have no ulterior or illegal purpose for filing this petition, and granting it will not in any manner invade the property rights of others, whether partnership, patent, good will, privacy, trademark, or otherwise. 17. My civil rights have never been suspended, or, if my civil rights have been suspended, they have been fully restored. Dated: ___________________________. ___________________________________ Signature of Petitioner Printed Name: _____________________ Address: __________________________ City, State, Zip: _________________ Telephone Number: _________________ Fax Number: _______________________ STATE OF FLORIDA COUNTY OF _________________________ Sworn to or affirmed and signed before me on ____________ by ____________. _____________________________ NOTARY PUBLIC or DEPUTY CLERK _____________________________ [Print, type, or stamp commissioned name of notary or deputy clerk.] ___ Personally known ___ Produced identification Type of identification produced ____________________ [ fill in blanks] I, {} __________________________, a nonlawyer, located at {} ______________, {} __________________, {} ________, {} _______________, helped {} _________________, who is the petitioner, fill out this form. INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.982(c), PETITION FOR CHANGE OF NAME (MINOR CHILD(REN))When should this form be used?
This form should be used when parents want the court to change the name of their minor child(ren). For the purposes of this proceeding, a person under the age of 18 is a minor. This form is not to be used in connection with an adoption or paternity action. If you want a change of name for your child(ren) because of an adoption or paternity action that is not yet final, the change of name should be done as part of that case.
This form should be typed or printed in black ink. The primary petition should only be completed for one child. If you wish to change the names of more than one child, you should complete and file a Supplemental Form for Petition for Change of Name (Minor Child) for each child. The supplemental form is an attachment to the petition. Be sure that the bottom of each page of each supplemental form is initialed by the petitioner(s). You must obtain a copy of the child(ren)'s fingerprints taken by a law enforcement agency and attach it to the petition. There may be a charge for the fingerprinting which you will have to pay. After completing this form, you should sign the form before a notary public or deputy clerk. You should file the original with the clerk of the circuit court in the county where you live and keep a copy for your records.
What should I do next?
If both parents agree to the change of name and live in the county where the change of name is sought, you may both file as petitioners. In this situation, service is not necessary, and you need only to set a hearing. You should ask the clerk of court, family law intake staff , or judicial assistant about the local procedure for setting a hearing.
If only one parent is a resident of the county where the change of name(s) is sought or only one parent asks for the child(ren)'s name(s) to be changed, the other parent must be notified and his or her consent obtained, if possible. If the other parent consents to the change of name, a Consent for Change of Name (Minor Child(ren)), Florida Supreme Court Approved Family Law Form 12.982(d), should be filed.
If the other parent does not consent to the change of name, you may still have a hearing on the petition if you have properly notified the other parent about your petition and the hearing. If you know where he or she lives, you must use personal service. If you absolutely do not know where he or she lives, you may use constructive service. For more information about personal and constructive service, you should refer the "General Instructions for Self-Represented Litigants" found at the beginning of these forms and the instructions to Florida Family Law Rules of Procedure Forms 12.910(a) and 12.913(b) and Florida Supreme Court Approved Family Law Form 12.913(a). However, the law regarding constructive service is very complex and you may wish to consult an attorney regarding that issue.
Next, you must obtain a final hearing date for the court to consider your request. You should ask the clerk of court, family law intake staff, or judicial assistant about the local procedure for setting a hearing. You may be required to attend the hearing. Included in these forms is a Final Judgment of Change of Name (Minor Child(ren)), Florida Supreme Court Approved Family Law Form 12.982(e), which may be used when a judge grants a change of name for a minor child(ren). If you attend the hearing, you should take the final judgment with you. You should complete the top part of the form, including the circuit, county, case number, division, and the name(s) of the petitioner(s) and leave the rest blank for the judge to complete. It should be typed or printed in black ink.
If the judge grants your petition, he or she will sign this order. This officially changes your child(ren)'s name(s). The clerk can provide you with certified copies of the signed order. There will be charges for the certified copies, and the clerk can tell you how much those charges are.
Where can I look for more information?
Before proceeding, you should read "General Information for Self-Represented Litigants" found at the beginning of these forms. For further information, see section 68.07, Florida Statutes.
Special notes . . .
The heading of the form calls for the name(s) of the petitioner (s). This is the parent(s) who is (are) requesting the change of their child(ren)'s name(s). The judicial circuit, case number, and division may be obtained from the clerk of court's office when you file the petition.
It may be helpful to compile a list of all of the people and places that will need a copy of the final judgment. This list may include the driver's license office, social security office, banks, schools, etc. A list will help you know how many copies of your order you should get from the clerk of court after your hearing.
Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.
Florida Supreme Court Approved Family Law Form 12.982(c), Petition for Change of Name (Minor Child(ren) (11/04) PETITION FOR CHANGE OF NAME (MINOR CHILD(REN)) full legal name(s) I am/We are the birth or legal parent(s) of the minor child(ren) named in this petition. only enter number of children THE FOLLOWING INFORMATION IS TRUE ABOUT CHILD # 1 street address date city, county, state, country one full legal name one enter full name(s) and date(s) of birth Former names. all by a court. by court order date court, city, and state by marriage date city, county, and state list name(s) and explain where child was known or called by such name(s) Criminal History one Money Judgments. one if THE FOLLOWING INFORMATION IS TRUE ABOUT PETITIONER(S): street address I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this petition and that the punishment for knowingly making a false statement includes fines and/or imprisonment. I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this petition and that the punishment for knowingly making a false statement includes fines and/or imprisonment. IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: all full legal name and trade name of nonlawyer street city state phone name(s) SUPPLEMENTAL FORM FOR PETITION FOR CHANGE OF NAME (MINOR CHILD(REN)) THE FOLLOWING INFORMATION IS TRUE ABOUT CHILD # Minor child's complete present name is: I/We request that minor child's name be changed to: street address date city, county, state, country one full legal name one enter full name(s) and date(s) of birth Former names. all by a court. by court order date court, city, and state by marriage date city, county, and state list name(s) and explain where child was known or called by such name(s) Criminal History one Money Judgments. one if
IN THE CIRCUIT COURT OF THE __________ JUDICIAL CIRCUIT, IN AND FOR __________ COUNTY, FLORIDA Case No.: _________________________ Division: _________________________ IN RE: THE NAME CHANGE OF __________________________________, Petitioner/Father, __________________________________, Petitioner/Mother. I/We, {} ____________________, being sworn, certify that the following information is true: [ one] ___ a. There is only one minor child named in this petition. ___ b. There are {} _____ children named in this petition. The information on the first child is entered below. I/We have attached the completed supplemental forms for each other child. A copy of the child/children's fingerprints taken by a law enforcement agency is attached to this petition. : 1. Minor child's complete present name is: __________________________________________________________________________________ I/We request that this minor child's name be changed to: __________________________________________________________________________________ 2. The minor child lives in _______ County, Florida, at {} ____________ _________________________________________________________________________________. 3. The minor child was born on {} _______, in {} ____ _________________________________________________________________________________. 4. The minor child's father's full legal name: _____________________________________. The minor child's mother's full legal name: _____________________________________. The minor child's mother's maiden name: _________________________________________. 5. The minor child has lived in the following places since birth: Dates (to/from) Address ______/______ _______________________________________________________ ______/______ _______________________________________________________ ______/______ _______________________________________________________ ______/______ _______________________________________________________ ______/______ _______________________________________________________ ______/______ _______________________________________________________ Check here if you are continuing these facts on an attached page. 6. [ only] ___ The minor child is not married. ___ The minor child is married to: {} ________________________. 7. [ only] ___ The minor child has no children. ___ The minor child is the parent of the following child(ren): { } ____________________________________________________________________________________ ______________________________________________________________________________________________________. 8. [ that apply] ___ The minor child's name has never been changed ___ The minor child's name previously was changed from _______ to _______ on {} _______, by {} ____________________________________. A copy of the court order is attached. ___ The minor child's name previously was changed from _______ to _______ on {} _______, in {} ___________________________________. A copy of the marriage certificate is attached. ___ The minor child has never been known or called by any other name. ___ The minor child has been known or called by the following other name(s): { } ________________________________ ________________________________________________________________________ ________________________________________________________________________ 9. The minor child is not employed in an occupation or profession, does not own and operate a business, and has received no educational degrees. If the minor child has a job, explain: _________________________________________________________________ __________________________________________________________________________ 10. [ only] ___ The minor child has never been arrested for or charged with, pled guilty or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication. ___ The minor child has a criminal history. In the past, the minor child was arrested for or charged with, pled guilty or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication. The details of the criminal history are: Date City/State Event (arrest, charge, plea, or adjudication) ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Check here if you are continuing these facts on an attached page. 11. [ only] ___ The minor child has never been adjudicated bankrupt, and no money judgment has ever been entered against him or her. ___ The following money judgment(s) has been entered against him or her: Date Amount Creditor Court entering judgment and case number Paid _________ _________ ___________ ______________________________________________ _________ _________ ___________ ______________________________________________ 12. Petitioner(s) live in _______ County, Florida, at {} _____________ ________________________________________________________________________________. 13. I/We have no ulterior or illegal purpose for filing this petition, and granting it will not in any manner invade the property rights of others, whether partnership, patent, good will, privacy, trademark, or otherwise. 14. My/our civil rights have never been suspended, or, if ever suspended, they have been fully restored. Dated: ____________________________ ________________________________________ Signature of Petitioner/Father Printed Name: __________________________ Address: _______________________________ City, State, Zip: ______________________ Telephone Number: ______________________ Fax Number: ____________________________ STATE OF FLORIDA COUNTY OF _________________________ Sworn to or affirmed and signed before me on _______________ by _____________. __________________________________ NOTARY PUBLIC or DEPUTY CLERK ___________________________________________ [Print, type, or stamp commissioned name of notary or clerk.] ___ Personally known ___ Produced identification Type of identification produced ____________________ Dated: ____________________________ ________________________________________ Signature of Petitioner/Mother Printed Name: __________________________ Address: _______________________________ City, State, Zip: ______________________ Telephone Number: ______________________ Fax Number: ____________________________ STATE OF FLORIDA COUNTY OF _________________________ Sworn to or affirmed and signed before me on _______________ by ______________. __________________________________________ NOTARY PUBLIC or DEPUTY CLERK __________________________________________ [Print, type, or stamp commissioned name of notary or clerk.] ___ Personally known ___ Produced identification Type of identification produced ____________________ [ fill in blanks] I, {} ___________________________, a nonlawyer, located at {} ____________________, {} ______________, {} ________, {} _______________, helped {} ________________, who is (are) the petitioner(s), fill out this form. Case No.: ____________________________ ____: 1. __________________________________________________________________________. __________________________________________________________________________. 2. The minor child lives in _______ County, Florida, at {} _____ __________________________________________________________________________. 3. The minor child was born on {} _______, in {} _____ ___________________________________________________________________________________________________. ___________________________________________________________________________________________________. 4. The minor child's father's full legal name: ________________________________________________________. The minor child's mother's full legal name: ________________________________________________________. The minor child's mother's maiden name: ____________________________________________________________. 5. The minor child has lived in the following places since birth: Dates (to/from) Address ______/______ _____________________________________________________________________________________ ______/______ _____________________________________________________________________________________ ______/______ _____________________________________________________________________________________ ______/______ _____________________________________________________________________________________ ______/______ _____________________________________________________________________________________ ______/______ _____________________________________________________________________________________ ______/______ _____________________________________________________________________________________ Check here if you are continuing these facts on an attached page. 6. [ only] ___ The minor child is not married. ___ The minor child is married to: {} ________________________________________. 7. [ only] ___ The minor child has no children. ___ The minor child is the parent of the following child(ren): { } _______________________________________________________________________________________. 8. [ that apply] ___ The minor child's name has never been changed ___ The minor child's name previously was changed from _______ to ___________ on {} _______, by {} __________________________________. A copy of the court order is attached. ___ The minor child's name previously was changed from ________ to _____________. on {} _______, in {} _________________________________. A copy of the marriage certificate is attached. ___ The minor child has never been known or called by any other name. ___ The minor child has been known or called by the following other name(s): { } _________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________. 9. The minor child is not employed in an occupation or profession, does not own and operate a business, and has received no educational degrees. If the minor child has a job, explain: ___________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________. 10. [ only] ___ The minor child has never been arrested for or charged with, pled guilty or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication. ___ The minor child has a criminal history. In the past, the minor child was arrested for or charged with, pled guilty or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication. The details of the criminal history are: Date City/State Event (arrest, charge, plea, or adjudication) _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ Check here if you are continuing these facts on an attached page. 11. [ only] ___ The minor child has never been adjudicated bankrupt, and no money judgment has ever been entered against him or her. ___ The following money judgment(s) has been entered against him or her: Date Amount Creditor Court entering judgment and case number Paid _____ ______ _________ _______________________________________ _____ ______ _________ _______________________________________INSTRUCTIONS FOR FLORIDA SUPREME COURT APPROVED FAMILY LAW FORM 12.982(f), PETITION FOR CHANGE OF NAME (FAMILY) When should this form be used?
This form should be used when a family wants the court to change its name. This form is not to be used in connection with a divorce, paternity , or adoption action. If you want a change of name because of a dissolution of marriage , paternity, or adoption action that is not yet final, the change of name should be done as part of that case.This form should be typed or printed in black ink. The petition should only be completed for one adult. If you wish to change the name(s) of another adult and/or child(ren), you should complete and file a Supplemental Form for Petition for Change of Name (Family) for each additional family member and file the supplemental form(s) as an attachment to the petition. Be sure that the bottom of each child's supplemental form is initialed. A copy of the fingerprints of each family member who is petitioning to have his or her name changed, taken by a law enforcement agency, must be attached to the petition. There may be a charge for the fingerprinting which you will have to pay. After completing this form, it should be signed before a notary public or deputy clerk. You should then file the original with the clerk of the circuit court in the county where you live and keep a copy for your records.
What should I do next?
If any of the children for whom you are requesting this change of name are not the legal children of both adults filing this petition, you must obtain the consent of the legal parent(s). A parent not named as a petitioner in this action may consent by submitting a Consent for Change of Name (Minor Child(ren)), Florida Supreme Court Approved Family Law Form 12.982(d).
If the other parent does not consent to the change of name, you may still have a hearing on the petition if you have properly notified the other parent about your petition and the hearing. If you know where he or she lives, you must use personal service. If you absolutely do not know where he or she lives, you may use constructive service. For more information about personal and constructive service, you should refer the "General Instructions for Self-Represented Litigants" found at the beginning of these forms and the instructions to Florida Family Law Rules of Procedure Forms 12.910(a) and 12.913(b) and Florida Supreme Court Approved Family Law Form 12.913(a). The law on constructive service is very complex and you may wish to consult an attorney regarding constructive service.
Next, you must obtain a final hearing date for the court to consider your request. You should ask the clerk of court, family law intake staff , or judicial assistant about the local procedure for setting a hearing. You may be required to attend the hearing. Included in these forms is a Final Judgment of Change of Name (Family), Florida Supreme Court Approved Family Law Form 12.982(g), which may be used when a judge grants a change of name for a family. If you attend the hearing, you should take the final judgment form with you. You should complete the top part of this form, including the circuit, county, case number, division, the name(s) of the petitioner(s) and leave the rest blank for the judge to complete. It should be typed or printed in black ink.
If the judge grants your petition, he or she will sign this order. This officially changes your family's name. The clerk can provide you with certified copies of the signed order. There will be charges for the certified copies, and the clerk can tell you how much those charges are.
Where can I look for more information?
Before proceeding, you should read "General Information for Self-Represented Litigants" found at the beginning of these forms. For further information, see section 68.07, Florida Statutes.
Special notes . . .
The heading of the form calls for the name(s) of the petitioner (s). This is (are) the parent(s) who are requesting the change of their family's name(s). The judicial circuit, case number, and division may be obtained from the clerk of court's office when you file the petition.
It may be helpful to compile a list of all of the people and places that will need a copy of the final judgment. This list may include the driver's license office, social security office, banks, schools, etc. A list will help you know how many copies of your order you should get from the clerk of court after your hearing.
Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out these forms, that person must give you a copy of a Disclosure from Nonlawyer, Florida Family Law Rules of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms also must put his or her name, address, and telephone number on the bottom of the last page of every form he or she helps you complete.
Florida Supreme Court Approved Family Law Form 12.982(f), Petition for Charge of Name (Family) (11/04) PETITION FOR CHANGE OF NAME (FAMILY) full legal name(s) There are enter number adults named in this petition. There are enter number children named in this petition. I am/We are the birth or legal parents of the minor child(ren) named in this petition. THE FOLLOWING INFORMATION IS TRUE ABOUT PETITIONER () HUSBAND () WIFE: 1. My complete present name is: I request that my name be changed to: street address date city county state country Family all including those over 18 Name Age Address, City, State 7. Former names all by a court. by court order date court, city, and state by marriage date city, county, and state list name(s) and explain where you were known or called by such name(s) Occupation company and address Business one date Profession one Education Criminal History one Bankruptcy one date city county state Creditor(s)' Judgments one if I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this petition and that the punishment for knowingly making a false statement includes fines and/or imprisonment. IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: all full legal name and trade name of nonlawyer street city state phone name ADULT SUPPLEMENTAL FORM FOR PETITION FOR CHANGE OF NAME (FAMILY) THE FOLLOWING INFORMATION IS TRUE ABOUT PETITIONER () HUSBAND () WIFE: My complete present name is: I request that my name be changed to: street address date city county state country Family all including those over 18 Name last, first, middle initial Age Address, City, State Former names all by a court. by court date court, city, and state by marriage date city, county, and state list name(s) and explain where you were known or called by such name(s) Occupation company and address Business one date Profession one Education Criminal History one Bankruptcy one date city county state Creditors' Judgments one if I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this petition and that the punishment for knowingly making a false statement includes fines and/or imprisonment. IF A NONLAWYER HELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW: all full legal name and trade name of nonlawyer street city state phone name CHILD SUPPLEMENTAL FORM FOR PETITION FOR CHANGE OF NAME (FAMILY) THE FOLLOWING INFORMATION IS TRUE ABOUT MINOR CHILD # ___: Minor child's complete present name is: I/We request that minor child's name be changed to: street address city, county, state, country one full legal name one enter name(s) and date(s) of birth Former names all by court order. by court order date court, city, and state date city, county, and state list name(s) and explain where child was known or called by such name(s) Criminal History one Money Judgments one if
IN THE CIRCUIT COURT OF THE __________ JUDICIAL CIRCUIT, IN AND FOR __________ COUNTY, FLORIDA Case No.: __________________________ Division: _________________________ IN RE: THE NAME CHANGE OF __________________________________, Petitioner/Father, __________________________________, Petitioner/Mother. I/We, {} ____________________, being sworn, certify that the following information is true: {} _____ A supplemental form is attached for each adult not set out below. {} _____ I/We have attached a completed supplemental form for each minor child. A copy of the fingerprints of each person seeking a name change in this petition, taken by a law enforcement agency, is attached. _______________________________________________________________________. _______________________________________________________________________. 2. I live in __________ County, Florida, at {} __________ _____________________________________________________________________________. 3. I was born on {} _______, in {} _______, {} _______, {} _______, {} _______. 4. My father's full legal name: _____________________________________________________. My mother's full legal name: _____________________________________________________. My mother's maiden name: _________________________________________________________. 5. I have lived in the following places since birth: Dates (to/from) Address ______/______ ___________________________________________________________________ ______/______ ___________________________________________________________________ ______/______ ___________________________________________________________________ ______/______ ___________________________________________________________________ ______/______ ___________________________________________________________________ ______/______ ___________________________________________________________________ ______/______ ___________________________________________________________________ ______/______ ___________________________________________________________________ Check here if you are continuing these facts on an attached page. 6. [ that apply] ___ a. I am not married. ___ b. I am married. My spouse's full legal name is: _____________________. ___ c. I do not have child(ren). ___ d. The name(s), age(s), and address(es) of my child(ren) are as follows (all children, , must be listed): {last, first, middle initial} ____________________________________ _____ _________________________ ____________________________________ _____ _________________________ ____________________________________ _____ _________________________ ____________________________________ _____ _________________________ ____________________________________ _____ _________________________ ____________________________________ _____ _________________________ Check here if you are continuing these facts on an attached page. [ that apply] ___ My name has never been changed ___ My name previously was changed from _______ to _______ on {} _______, by {} ______________________________________________. A copy of the court order is attached. ___ My name previously was changed from to _______ on {} _______, in {} ___________________________________________________________. A copy of the marriage certificate is attached. ___ I have never been known or called by any other name. ___ I have been known or called by the following other name(s): {} ___________ _____________________________________________________________________________________ ____________________________________________________________________________________. 8. My occupation is: ___________________________________________________________________. I am employed at: {} ______________________________________________ _____________________________________________________________________________________. During the past 5 years, I have had the following jobs: Dates (to/from) Employer and employer's address ______/______ ________________________________________________________________________ ______/______ ________________________________________________________________________ ______/______ ________________________________________________________________________ ______/______ ________________________________________________________________________ ______/______ ________________________________________________________________________ ______/______ ________________________________________________________________________ Check here if you are continuing these facts on an attached page. 9. [ only] ___ I do not own and operate a business. ___ I own and operate a business. The name of the business is: __________________________. The street address is: ______________________________________________________________. My position with the business is: ___________________________________________________. I have been involved with the business since: {} _______________________. 10. [ only] ___ I am not in a profession. ___ I am in a profession. My profession is: _____________________________________________. I have practiced this profession: Dates (to/from) Place and address ______/______ _______________________________________________________ ______/______ _______________________________________________________ ______/______ _______________________________________________________ ______/______ _______________________________________________________ ______/______ _______________________________________________________ Check here if you are continuing these facts on an attached page. 11. I have graduated from the following school(s): Degree Date of Received Graduation School _________ ____________ ___________________________________________ _________ ____________ ___________________________________________ _________ ____________ ___________________________________________ Check here if you are continuing these facts on an attached page. 12. [ only] ___ I have never been arrested for or charged with, pled guilty or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication. ___ I have a criminal history. In the past I have been arrested for or charged with, pled guilty or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication. The details of my criminal history are: Date City/State Event (arrest, charge, plea, or adjudication) __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Check here if you are continuing these facts on an attached page. 13. [ only] ___ I have never been adjudicated bankrupt. ___ I was adjudicated bankrupt on {} ____, in {} ____, {} ____, {} ____. Check here if you have had additional bankruptcies, and explain on an attached page. 14. [ only] ___ I have never had a money judgment entered against me by a creditor. ___ The following creditor(s)' money judgment(s) have been entered against me: Date Amount Creditor Court entering judgment and case number Paid _____ _______ ________ _______________________________________ _____ _______ ________ _______________________________________ _____ _______ ________ _______________________________________ _____ _______ ________ _______________________________________ Check here if these facts are continued on an attached page. 15. I have no ulterior or illegal purpose for filing this petition, and granting it will not in any manner invade the property rights of others, whether partnership, patent, good will, privacy, trademark, or otherwise. 16. My civil rights have never been suspended, or, if my civil rights have been suspended, they have been fully restored. Dated: ____________________________ ___________________________________ Signature of Petitioner Printed Name: _____________________ Address: __________________________ City, State, Zip: _________________ Telephone Number: _________________ Fax Number: _______________________ STATE OF FLORIDA COUNTY OF _________________________ Sworn to or affirmed and signed before me on _______________ by ____________. _______________________________ NOTARY PUBLIC or DEPUTY CLERK ________________________________ [Print, type, or stamp commissioned name of notary or clerk.] ___ Personally known ___ Produced identification Type of identification produced __________ [ fill in blanks] I, {} _____________________________, a nonlawyer, located at {} __________, {} ________________________, {} __________, {} ___, helped {} _____________________________, who is the petitioner, fill out this form. Case No.: _________________________ 1. __________________________________________________________________________. __________________________________________________________________________. 2. I live in __________ County, Florida, at {} _________________. ________________________________________________________________________. 3. I was born on {} _______, in {} _______, {} _______, {} _______, {} _______. 4. My father's full legal name: _____________________________________________. My mother's full legal name: _____________________________________________. My mother's maiden name: _________________________________________________. 5. I have lived in the following places since birth: Dates (to/from) Address ______/______ _______________________________________________________ ______/______ _______________________________________________________ ______/______ _______________________________________________________ ______/______ _______________________________________________________ ______/______ _______________________________________________________ ______/______ _______________________________________________________ ______/______ _______________________________________________________ ______/______ _______________________________________________________ ______/______ _______________________________________________________ Check here if you are continuing these facts on an attached page. 6. [ that apply] ___ a. I am not married. ___ b. I am married. My spouse's full legal name is: ________________________. ___ c. I do not have child(ren). ___ d. The name(s), age(s), and address(es) of my child(ren) are as follows (all children, , must be listed): {} ______________________________________ _____ _________________________ ______________________________________ _____ _________________________ ______________________________________ _____ _________________________ ______________________________________ _____ _________________________ ______________________________________ _____ _________________________ Check here if you are continuing these facts on an attached page. 7. [ that apply] ___ My name has never been changed ___ My name previously was changed order from __________ to __________ on {} __________ by {} _______________________________. A copy of the court order is attached. ___ My name previously was changed from __________ to __________ on {} __________ in {} ____________________________. A copy of the marriage certificate is attached. ___ I have never been known or called by any other name. ___ I have been known or called by the following other name(s): {} ____ ________________________________________________________________________ ________________________________________________________________________ 8. My occupation is: _______________________________________________________. I am employed at: {} __________________________________ _______________________________________________________________________. During the past 5 years, I have had the following jobs: Dates (to/from) Employer and employer's address ______/_______ _______________________________________________________ ______/_______ _______________________________________________________ ______/_______ _______________________________________________________ ______/_______ _______________________________________________________ ______/_______ _______________________________________________________ ______/_______ _______________________________________________________ ______/_______ _______________________________________________________ Check here if you are continuing these facts on an attached page. 9. [ only] ___ I do not own and operate a business. ___ I own and operate a business. The name of the business is: ______________. The street address is: __________________________________________________. My position with the business is: _______________________________________. I have been involved with the business since: {} ____________________. 10. [ only] ___ I am not in a profession. ___ I am in a profession. My profession is: _________________________________. I have practiced this profession: Dates (to/from) Place and address ______/_______ _______________________________________________________ ______/_______ _______________________________________________________ ______/_______ _______________________________________________________ ______/_______ _______________________________________________________ ______/_______ _______________________________________________________ Check here if you are continuing these facts on an attached page. 11. I have graduated from the following school(s): Degree Date of Received Graduation School __________ ____________ ______________________________________________ __________ ____________ ______________________________________________ __________ ____________ ______________________________________________ Check here if you are continuing these facts on an attached page. 12. [ only] ___ I have never been arrested for or charged with, pled guilty or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication. ___ I have a criminal history. In the past I have been arrested for or charged with, pled guilty or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication. The details of my criminal history are: Date City/State Event (arrest, charge, plea, or adjudication) __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Check here if you are continuing these facts on an attached page. 13. [ only] ___ I have never been adjudicated bankrupt. ___ I was adjudicated bankrupt on {} _______, in {} _______, {} _______, {} _______. Check here if you have had additional bankruptcies, and explain on an attached page. 14. [ only] ___ I have never had a money judgment entered against me by a creditor. ___ The following creditor(s)' money judgment(s) have been entered against me: Date Amount Creditor Court entering judgment and case number Paid _____ ______ ________ _______________________________________ _____ ______ ________ _______________________________________ _____ ______ ________ _______________________________________ _____ ______ ________ _______________________________________ Check here if these facts are continued on an attached page. 15. I have no ulterior or illegal purpose for filing this petition, and granting it will not in any manner invade the property rights of others, whether partnership, patent, good will, privacy, trademark, or otherwise. 16. My civil rights have never been suspended, or, if my civil rights have been suspended, they have been fully restored. Dated: ____________________________ _______________________________________ Signature of Petitioner Printed Name: _________________________ Address: ______________________________ City, State, Zip: _____________________ Telephone Number: _____________________ Fax Number: ___________________________ STATE OF FLORIDA COUNTY OF _________________________ Sworn to or affirmed and signed before me on _________________ by ____________________. __________________________________________ NOTARY PUBLIC or DEPUTY CLERK __________________________________________ [Print, type, or stamp commissioned name of notary or clerk.] ___ Personally known ___ Produced identification Type of identification produced ___________________ [ fill in blanks] I, {} __________________________________, a nonlawyer, located at {} __________, {} _______________________________, {} __________, {} ___, helped {} ____________________________________, who is the petitioner, fill out this form. Case No.: _________________________________________ 1. _________________________________________________________________________________ _________________________________________________________________________________ 2. The minor child lives in __________ County, Florida, at {} ________ _________________________________________________________________________________. 3. The minor child was born on _______, in {} ___________ __________________________________________________________________________________. 4. The minor child's father's full legal name: ______________________________________. The minor child's mother's full legal name: ______________________________________. The minor child's mother's maiden name: __________________________________________. 5. The minor child has lived in the following places since birth: Dates (to/from) Address ______/______ _________________________________________________________________ ______/______ _________________________________________________________________ ______/______ _________________________________________________________________ ______/______ _________________________________________________________________ ______/______ _________________________________________________________________ ______/______ _________________________________________________________________ ______/______ _________________________________________________________________ Check here if continuing these facts on an attached page. 6. [ only] ___ The minor child is not married ___ The minor child is married to: {} ______________________________. 7. [ only] ___ The minor child has no children. ___ The minor child is the parent of the following child(ren): { } ________________________________________________________________________. 8. [ that apply] ___ The minor child's name has never been changed ___ The minor child's name previously was changed from ___________ to __________ on {} __________, by {} __________________. A copy of the court order is attached. ___ The minor child's name previously was changed by marriage from ______________ to __________ on {} __________, in {} _________________. ___ The minor child has never been known or called by any other name. ___ The minor child has been known or called by the following other name(s): { } ___________________ _________________________________________________________________________________ _________________________________________________________________________________. 9. The minor child is not employed in an occupation or profession, does not own and operate a business, and has received no educational degrees. If the minor child has a job, explain: __________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________. 10. [ only] ___ The minor child has never been arrested for or charged with, pled guilty or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication. ___ The minor child has a criminal history. In the past, the minor child was arrested for or charged with, pled guilty or nolo contendere to, or been found to have committed a criminal offense, regardless of adjudication. The details of the criminal history are: Date City/State Event (arrest, charge, plea, or adjudication) ______________________________________________________________________________________ ______________________________________________________________________________________ ______________________________________________________________________________________ Check here if you are continuing these facts on an attached page. 11. [ only] ___ The minor child has never been adjudicated bankrupt, and no money judgment has ever been entered against him or her. ___ The following money judgment(s) has been entered against him or her: Date Amount Creditor Court entering judgment and case number Paid _______ ________ ________ _______________________________________ _______ ________ ________ _______________________________________