Collinsworth v. O'Connell

1 Citing case

  1. Girten v. Andreu

    698 So. 2d 886 (Fla. Dist. Ct. App. 1997)   Cited 11 times
    Holding that the trial court abused its discretion in ordering the name change because the only evidence presented by the father regarding the name change was his desire that the child bear his surname and his concern that the use of the mother's surname would allow her greater influence over the child

    The party seeking the name change bears the burden of proof, and the court's decision must be based on "some evidence other than the parties' conclusory assertions appearing in the record before us . . ." Durham, 659 So.2d at 1292(quoting Collinsworth v. O'Connell, 508 So.2d 744, 747 (Fla. 1st DCA 1987)). Having fallen short of carrying this burden, the father's name-change request must fail.