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001 NameChangeProcedures FLMinor

This document outlines the procedures for filing a name change for a minor in Florida, detailing the necessary steps including fingerprinting, document preparation, and court hearings. It emphasizes that TotalLegal does not prepare the documents but provides a checklist for the user to follow. Additional information on fees, timelines, and frequently asked questions is also included.

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Tabytha Gibson
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0% found this document useful (0 votes)
47 views7 pages

001 NameChangeProcedures FLMinor

This document outlines the procedures for filing a name change for a minor in Florida, detailing the necessary steps including fingerprinting, document preparation, and court hearings. It emphasizes that TotalLegal does not prepare the documents but provides a checklist for the user to follow. Additional information on fees, timelines, and frequently asked questions is also included.

Uploaded by

Tabytha Gibson
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOC, PDF, TXT or read online on Scribd

info@TotalLegal.

com
www.TotalLegal.com

Florida Name Change Filing Procedures

Hillsborough County Court Clerk


County Center, 13th Flr. 601 E. Kennedy Blvd
Tampa, 33602
813-276-8100

Please note that TotalLegal does not prepare or select your name change documents. Your
online interview responses were transferred by our software to forms, and were then
printed and shipped to you. As the person who completed the online interview, you are the
only preparer of your name change documents. For this reason, a non-attorney disclosure
is not included.

The steps below provide a chronological checklist for completing a name change in Florida.
Additional information and answers to frequently asked questions regarding Florida filing
procedures are provided after the step-by-step checklist.

STEP-BY-STEP CHECKLIST

Step 1: Get fingerprinted and prepare the name change documents for filing.

 Get your fingerprints taken.


Note: It is the parent who is filing for the name change on behalf of the minor child who
must get fingerprinted, not the minor child.
 Contact your local police or sheriff's department to confirm that they provide
fingerprinting that is then submitted electronically to the court clerk's office for
the purpose of obtaining state and national background checks for getting a name
change. Also confirm that they will supply the fingerprint card. If not, you will
need to pick one up at the Court Clerk’s office.
 You are responsible for any fee(s) charged for fingerprinting as well as the
actual state and federal criminal background checks.
 Generally, you will have your fingerprints taken at the local police or sheriff’s
department. Only submit to fingerprinting if the law enforcement agency has
the ability to electronically transmit your fingerprints to the agencies
performing the state and federal background checks.

 Prepare the name change documents for filing.

 Civil Cover Sheet

Florida Name Change Guidelines (Minor) Page 1 of 7


 Section IV: If there are any other related family court cases involving the minor
child, check "yes." If there are no other family law cases, check "no."
 If you are not sure if there are any other related family court cases involving
the minor child, review the list located on the Notice of Related Cases form.
 Date and sign.

 Notice of Related Cases


 #1: If there are no other related family law cases involving the minor child,
check the correct line. If there are other related family law cases, complete a
section for each case.
 Date and sign on p. 4.
 If there are no other related family law cases, you will not complete the
Certificate of Service section.
 If there are other family law cases, you must have a copy of the
completed Notice of Related Cases served by either the county
sheriff or a professional process server to any party in the related
case(s) as well as the judge assigned to the case(s) and then also
mail copy to those persons yourself. Then, complete the
Certificate of Service and file the original and a copy of the
completed form with the Court Clerk.

 Petition for Change of Name (Minor)


 Section A about Minor Child
 #5: Fill in all addresses where the minor child has lived since him or she
was born as well as the dates of occupancy.
 #9: Fill in any missing information.
 Section B about Petitioner
 #3. Complete if the Petitioner has ever filed for bankruptcy.
 #4. Complete if the Petitioner has ever had any civil judgments against
him or her.
 #5. Complete if the Petitioner has ever been convicted of a crime.
 Sign and date in front of a Notary Public.

 Consent to Change of Name


 Fill in whether the parent signing the Consent is the biological or adoptive parent
of the minor child.
 The non-filing parent signs the Consent in front of a Notary Public.
 Note: This form is not included for any non-filing parent that is deceased.

 Notice of Hearing
 The Court will not schedule the name change hearing until any required
fingerprinting and background checks have been completed.
 The Court Clerk will provide you with the information on the date, time, and
location of the hearing.

Florida Name Change Guidelines (Minor) Page 2 of 7


 The non-filing parent must sign a Consent form. If the non-filing parent refuses
to sign the Consent form, he or she must be formally served with a copy of the
Petition and the Notice of Hearing with the hearing date, time and location filled
in. If there are any related cases, which should be listed on the Notice of Related
cases, the other parties in those cases and the judge(s) in those cases should be
served with a copy of the Notice of Hearing. After serving the Notice by one of
the methods indicated on the form, complete the lower half of the form with the
name and address of the person served. Then, sign the form and file the original
and a copy with Court Clerk.

Step 2: File the name change documents and schedule your hearing.

 File the name change documents.

 Take two copies of each of the documents in the TotalLegal name change package to
the Court Clerk’s office and ask if you are required to have the name change forms
reviewed before you can file them. (Note: A few forms may not be accepted for
filing until after your name change hearing, but it is still a good idea to have them
available when you file.)
 You may also call beforehand to ask about any pre-filing review requirements. If
required, ask where you need to take them to have them reviewed.
 In many counties, the review is just an option and is not required to file your
name change. However, in some counties, it is required. The name of the review
office varies by county, but is often called the Case Management Office, Family
Court Services, or Self-Help Program.
 Usually, you do not need to schedule an appointment to have documents
reviewed, but it is best to go to the courthouse before 2 p.m. to ensure there is
ample time to handle all matters prior to the close of the office.
 Not all counties will require all of the forms provided in the TotalLegal name
change package. However, being prepared to file them if they are required is
advised. It is also possible that your county may require a county-specific version
of a form. Ask if that form is available for free online or at the courthouse and
complete it, if available.

 When you file the documents at the Court Clerk’s office, the Court Clerk will collect
the filing fee (approximately $400.00), assign a case number, file-stamp all copies of
the name change documents, and return one copy of each to you for your records.
The Court Clerk will likely only collect the following from you at this time:
*Civil Cover Sheet
*Notice of Related Cases
*Petition for Change of Name (Minor)
*Consent
*Self-addressed stamped envelope

 Before leaving the Court Clerk’s office, get information on where the parent filing the
name change should get fingerprints taken in order to start the criminal background

Florida Name Change Guidelines (Minor) Page 3 of 7


check process. The Court Clerk may provide you with the fingerprint form they want
you to use.
 While you can file the name change before completing the background check, but
the background check must be completed before the Court Clerk will schedule
your name change.

 Schedule your name change hearing.


 After the Court Clerk receives the background checks from the state and the FBI,
which should be electronically submitted to the Court Clerk's office by those
agencies, the hearing can be scheduled.
 A Notice of Hearing was included with your name change package. The Court
Clerk may have collected it when you first filed for name change and may just
complete it with the hearing date and time and mail it to you.

Step 3: Attend the hearing and finalize the name change.

 Arrive at the courthouse approximately 15-20 minutes before the assigned hearing time.
 At the hearing, you will be sworn in prior to giving testimony.
 After being sworn in, the judge may begin asking you very basic questions or may tell
you to proceed. If you are prompted by the judge to begin, the sample testimony
provided in the “Additional Information on Step 3” may assist you in presenting
information in court.

 Final Judgment of Change of Name


 The Judge will sign and date this form at the name change hearing.
 The Court Clerk’s office will be able to tell you when and how to obtain a
certified copy of the Order.

 Final Disposition Form


 File this with the Court Clerk before leaving the court house after your hearing.
Sign and date it before filing. The Court Clerk will check the correct box when
the form is filed.

 Report of Name Change (Vital Statistics DH 427)


 The Court Clerk may give want you to fill this form out in the office using the
form on the paper stock they provided. If so, this completed form should assist
you in completing that form quickly.

 Name Change Report of Final Judgment


 Fill in your gender, race, Social Security number and driver's license number.
 File this with the court Clerk's office before leaving the court house after your
hearing. The Court Clerk will complete any missing information and then file this
on your behalf with the Florida Department of Law Enforcement.

 Once you have a certified copy of the Order, you do the following for the minor child:
 Get a new driver’s license

Florida Name Change Guidelines (Minor) Page 4 of 7


 Get a new Social Security card
 Get a new birth certificate
 Change name on financial accounts
 Change name on a passport

Additional Information on Step 1: Review and Sign Your Documents

 Each county has its own procedure for completing the criminal background check
required for a name change. If any of the information provide here conflicts with the
information given to you by the Court Clerk or law enforcement agency performing the
fingerprinting or background checks, you should follow the information county-specific
information that was given to you by them.

 Before the court hearing on a petition for a name change, the parent filing for the name
change on behalf of the child must have fingerprints submitted for a state and national
criminal history records check. Fingerprints must be taken in a manner approved by the
Department of Law Enforcement and shall be submitted electronically to the department
for state processing for a criminal history records check. The department shall submit the
fingerprints to the Federal Bureau of Investigation for national processing. The
department shall submit the results of the state and national records check to the clerk of
the court.

 The Court Clerk will instruct you on the process for having fingerprints taken and
submitted in your county, including providing information on law enforcement agencies
or service providers authorized to submit fingerprints electronically to the Florida
Department of Law Enforcement (FDLE). The person seeking the name change is
responsible for these costs.

Additional Information on Step 3: Finalize Your Name Change

 Sample testimony. Your Honor, my name is (state your full current name). I reside at
(state your physical address) in Hillsborough County. I am here today asking that the
court grant my petition to change the name of my son/daughter from (state the child's full
current name) to (state the desired full name) because (state your reason(s) for wanting a
name change for the child).

 Changing your Social Security card. TotalLegal will provide you with a SS-5 form for
getting a new Social Security card upon request at no additional charge. Send request to
[email protected]. Then, complete the form and file it with the Social Security
Administration. The new card will have the same number as his or her previous card, but
will show the new name. (Note: The Social Security Administration will notify the IRS
of the name change.)

 Driver's license. Change a name on a driver’s license and car registration at the local
DMV.

Florida Name Change Guidelines (Minor) Page 5 of 7


 Passport. File the required change of name form at the local passport office. Disregard if
the child does not currently hold a passport.

 Financial institution. Inform the financial institution by going in person with old and new
identification.

Florida Name Change Guidelines (Minor) Page 6 of 7


FREQUENTLY ASKED QUESTIONS

1. How do I make changes after receiving my self-prepared name change documents?


If you want to make changes to any of your documents after receiving them, you have
two options:
a. Log into your account at www.totallegal.com. Make the desired changes to your
online interview responses by selecting "Update the Name Change Information"
button and then selecting the "Edit" button for the section of the interview you wish
to make changes to. Then, on the Summary page, select the "Download Documents"
button.
b. E-mail your documents to yourself by clicking on "E-mail My Documents." Then,
customize as needed and print.

2. Where do I find a Notary Public?


The Clerk of Courts may have a Notary Public on staff that is authorized to notarize
signatures. Alternatively, the local telephone book should contain an extensive listing of
notaries in the area.

3. Are the filing fees charged by the Clerk included in the TotalLegal price?
No. Each county in Florida charges a filing fee when a name change is filed. Please
check with the Hillsborough Circuit Court Clerk to determine exact fees. The fee can
vary from county to county, but is typically approximately $400.00 in Florida.

4. How long does it usually take to finalize a name change in Florida?


In Florida, after filing your name change documents, you must be fingerprinted and
submit to a state and federal criminal background check. It can take up to 13 weeks for
the state and federal agencies to complete those checks. Only after the checks have been
completed can your case be set for hearing to finalize your name change. The scheduling
of the name change hearing depends on the judge’s schedule. It may be delayed for
additional weeks if the judge has a busy schedule.

5. Can I edit the documents myself?


Most name change documents are in Word format. If you are not satisfied with any
portion of your document(s), TotalLegal will e-mail your self-prepared document
package to you, which you can then edit to meet your specifications.

Florida Name Change Guidelines (Minor) Page 7 of 7

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