Determining the Best Interest of the Child: The Resolution of Name Disputes in Paternity Actions

When parents can’t agree on a child’s name, it can cause legal problems. In Florida, the law states that both parents should decide on the child’s name, but if they can’t agree, there are guidelines to follow. This applies to both last names and first names. The “best interest of the child” standard is also used to help decide the name in these situations. If the parents are married when a child is born, they get to choose the child’s name and last name together. If they can’t agree on the last name, both names will be put on the birth certificate with a hyphen. If they can’t agree on the first name, they have to go to court or come to an agreement and get it notarized. If the parents are not married, the parent who has custody gets to choose the child’s name and last name. If the father is determined through a court case, the child’s last name will be chosen according to the court’s decision. In most cases, the law assumes that both parents will have custody, so the rules about both parents choosing the child’s name will usually apply. Disputes over a child’s name may need to be resolved in court. If the parents are married, the child will usually have a hyphenated last name. But if the parents are not married, the court will decide the child’s last name. When the court decides the name, it must consider what is best for the child, not the parents. In a famous case, the court decided that a child’s name should only be changed if it is best for the child. The court said that just because someone is found to be the father, it doesn’t automatically mean the child’s last name should be changed. They said that the best interest of the child should be considered, and that just finding out who the father is doesn’t automatically mean the name should be changed. Despite this, some courts have still been changing children’s last names based only on finding out who the father is, but these decisions have often been reversed by higher courts. In these court cases, the appellate courts overturned decisions by lower courts that changed a child’s last name to the father’s, just because he was the dad. The appellate courts said the change had to be based on what was best for the child, not just because the father wanted it. They said that just being the father doesn’t automatically mean the child should have the father’s last name. When deciding if a child’s name should be changed, the court looks at what is best for the child. They consider factors like custody cases and how the child is known by others. In some cases, a court will not change a child’s name if it will cause confusion or if experts disagree on what is best for the child. The father’s preferences and concerns about the mother’s influence are not enough to change a child’s name. In the case of Daniel v. Moats, the court had to decide whether a child should be allowed to change their last name. The child had the mother’s maiden name, even though the mother was now married. The court said the trial court had to explain why they were allowing or denying the name change, and they sent the case back to the trial court to make a new decision. This case shows that the court needs to have good reasons for allowing or denying a name change, especially in cases where the child doesn’t have either parent’s last name. When arguing for or against a name change in court, it’s important to consider what’s best for the child. It’s a good idea to get input from psychologists and other experts who can help decide what’s best for the child. When a child’s name change is being considered, factors like the child’s age and identity with their name, as well as cultural and family backgrounds, are important. Hyphenated names may also be considered, but the court will ultimately decide based on what’s best for the child. If a name change is sought in a modification proceeding, the court will only allow it if there has been a significant change in circumstances. When trying to establish or change a child’s name in a paternity case or custody hearing, it’s important to put in the same effort and evidence as you would for any other family law matter. Don’t rely on tradition or assumptions about including the father’s name, because that might not hold up in court. It’s important to take this process seriously and present a strong case.

Source: https://www.floridabar.org/the-florida-bar-journal/determining-the-best-interest-of-the-child-the-resolution-of-name-disputes-in-paternity-actions/