A parent or legal guardian can petition to change a minor’s name under Florida Statutes §68.07, filing in the county where the petitioner lives. Every petitioner must submit fingerprints for a state and national criminal history records check before a judge will schedule a hearing, and if the other parent will not consent, you’ll need to arrange service, publication, or an affidavit of diligent search.
TL;DR:
- The fingerprint and criminal history check, which costs around forty dollars and must be submitted promptly, is critical for scheduling the court hearing.
- Serving the other parent personally or through publication is required if they do not consent, and failure to follow proper service procedures can lead to case dismissal.
- Filing costs include county-specific fees, fingerprint processing, and certified copies, with contested cases taking several additional weeks to resolve.
- All forms must be completed accurately, signed, notarized, and free of discrepancies, especially in the child’s name, to avoid rejection or delays.
- Uncontested cases with both parents’ consent are easier to handle independently, but contested or complex situations benefit from legal guidance to avoid delays or denial.
What Forms Do You Need for a Minor Name Change in Florida?
The Florida Courts family law forms page hosts the entire 12.982 series, and knowing which pieces you need before you walk into the clerk’s office saves you a second trip. Miss one form or misspell a name across two documents, and a clerk will bounce the whole packet back to you.
Here’s the core paperwork most petitions require:
- Form 12.982©, the Petition for Change of Name (Minor Child(ren)), the main document that starts the case
- Form 12.982(d), the consent form, if the other parent agrees to the change
- Form 12.982(e), the proposed final judgment the judge will sign
- DH 427, the Report of Legal Name Change, filed with Florida’s Bureau of Vital Statistics
- A certified copy of the child’s birth certificate
- A civil cover sheet, summons, and designation of current address, which most county clerks require alongside the petition
Every form should be typed or printed in black ink, and any required signatures need notarization. Keep the child’s name spelled identically across every document. A minor discrepancy, a middle name dropped on one form and included on another, is one of the fastest ways to trigger a rejection.
Who Can File and When Is Consent Required?
Florida law allows a birth parent, an adoptive parent, or a court-appointed legal guardian to file the petition. When both parents agree to the change, filing jointly is almost always the smoother path.
- Joint petitions with both parents signing typically avoid the need for formal service, since consent is already on record
- A single parent filing alone must serve the other parent personally or through a process server if that parent’s address is known
- If the other parent’s whereabouts are unknown, the court requires constructive notice through publication under Florida’s chapter 49 procedures
- Courts weigh the minor’s own preference in practice, particularly for older children, even though Florida law does not set a fixed age threshold for input
An uncontested case where both parents sign off moves considerably faster than one where a parent objects or can’t be located.
How Does the Fingerprint and Criminal History Check Work?
Fla. Stat. §68.07 requires every petitioner (with narrow exceptions for someone restoring a former name) to submit fingerprints for a combined Florida Department of Law Enforcement and FBI records check. You can complete this through a Livescan vendor or a local law enforcement agency that offers electronic fingerprint submission, and the results go directly to the clerk’s office rather than to you.
Fingerprint fees typically run around forty dollars, based on estimates in county self-help packets, though vendor pricing varies and you should confirm current rates before scheduling an appointment.
Pro Tip: Submit your fingerprints the same week you file the petition. Form 12.982© instructions make clear the court generally will not set a hearing until the clerk has the criminal history results in hand, so waiting to schedule fingerprinting is the single most common cause of a stalled case.
How Do You Notify the Other Parent of the Petition?
When the other parent hasn’t consented, Florida law gives you a few paths depending on whether that parent can be located.
- If the other parent lives in Florida and their address is known, arrange personal service through a process server or the sheriff’s office, then file proof of service with the court.
- If the other parent is out of state but reachable, service typically still proceeds through personal delivery or certified mail, depending on the county’s practice.
- If the other parent cannot be located after a genuine effort, you’ll need to pursue constructive notice through publication in a newspaper of general circulation.
- To support publication, file an affidavit of diligent search documenting specific attempts, old addresses, phone numbers, employer contacts, and social media searches, since vague statements about “trying to find” the parent are routinely rejected.
Skipping or shortcutting service is one of the fastest ways to see a petition dismissed, so treat this step with the same care you give the forms themselves.
What Does a Minor Name Change Cost and How Long Does It Take?
Budget for two separate timelines: the fingerprint processing window and the court’s own scheduling calendar. Results from the FDLE and FBI check typically take a few weeks to return, and the clerk won’t set your hearing date until that report arrives. Some counties allow an uncontested affidavit process that shortens the wait considerably when both parents agree and paperwork is clean.
- Filing fees and certified-copy charges vary by county, so call your local clerk’s family division for current numbers before you file
- Fingerprint vendor fees generally fall in the $40 to $50 range, but confirm pricing with the vendor directly
- Additional certified copies of the final judgment typically carry a per-copy fee at the clerk’s office
- Contested cases involving publication or an affidavit of diligent search add real time, often several additional weeks
Calling the clerk’s office before you file, rather than after, is the difference between a smooth filing and a returned envelope of paperwork.
Foley Family Law’s Checklist to Avoid Common Filing Mistakes
Foley Family Law has reviewed enough pro se name-change filings across Hillsborough, Pinellas, and Pasco counties to recognize the same handful of errors causing delays again and again.
Before you file, run through this:
- Confirm the child’s name is spelled identically on every form, the petition, the birth certificate, and the DH 427
- Notarize every signature that requires it, and don’t assume a form is complete just because it’s signed
- Attach a certified (not photocopied) birth certificate
- File a separate supplemental form for each additional child if you’re changing more than one child’s name
- Initial every page where the form instructions call for it
The most common failure points show up in the affidavit of diligent search, either too vague or missing entirely, and in fingerprint submissions that never made it to the clerk before the hearing request went in.
If you’re already in a divorce, paternity, or adoption case, ask the court to fold the name change into that existing action rather than filing a separate petition. It can save filing fees and avoid a duplicate fingerprint requirement. Foley Family Law’s guide on name changes during divorce walks through when that combined approach makes sense.
Pro Tip: If your child’s name change is tied to a paternity or custody matter that’s still active, resolve the underlying case first. A judge is far more likely to approve a name change once parentage and custody are settled than while they’re still contested.
What Happens After the Judge Signs the Order?
Once the final judgment is signed, the legal name change is official, but the paperwork isn’t finished.
- Request certified copies of the final judgment from the clerk’s office immediately; most clerks charge a per-copy fee, and you’ll need more than one.
- Send a certified copy to the Florida Department of Health Bureau of Vital Statistics to update the child’s birth certificate, using the DH 427 you filed earlier.
- Update the Social Security Administration next, since schools, insurers, and the DMV will often want to see the updated Social Security card before they’ll change their own records.
- Work through school enrollment records, medical files, and (if relevant) passport applications last, in that order.
Ask the clerk how many certified copies you should request up front. Running back for one more copy months later costs you both time and an extra fee.
When Should You Hire a Lawyer Instead of Filing Yourself?
Uncontested cases with both parents consenting and a clean set of documents are often reasonable to handle without an attorney. But once a parent won’t consent, can’t be located, or the family has a contested custody history, the stakes and paperwork complexity rise fast, and a missed step can mean months of delay or an outright denial.
Foley Family Law regularly guides Hillsborough, Pinellas, and Pasco county parents through exactly these contested scenarios. If your case involves an absent parent, a custody dispute, or an immigration concern tied to the name change, a consultation with our name-change team is worth the conversation before you file anything.
— Foley Family Law
How Foley Family Law Handles Minor Name Change Filings
Filing a minor name change petition yourself means juggling fingerprint scheduling, notarizations, service requirements, and clerk-specific quirks across three different court systems, all while raising a family and working a job. Foley Family Law handles that entire process for you: preparing the 12.982 forms correctly the first time, coordinating your fingerprint submission to FDLE, managing service or publication when a parent can’t be reached, and standing with you at the final hearing.
Foley Family Law serves families throughout Hillsborough, Pinellas, and Pasco counties, and offers a paid initial consultation to review your specific situation, whether that’s a straightforward joint petition or a contested case involving a missing parent or custody complications. Fee structures vary depending on whether your case is contested or uncontested. If you’re ready to talk through your options, visit our page on what family law attorneys handle and schedule a consultation to get your petition moving correctly the first time.
Sources
Readers filing on their own should bookmark these before starting a petition:
- Florida Statutes §68.07 (2026)
- Petition for Change of Name (Minor Child(ren)) — Florida Courts
- Minor name change packet (Packet #31) — 13th Judicial Circuit (example county packet)
- Instructions for Florida Supreme Court Approved Form 12.982© (Petition for Change of Name (Minor Child(ren)))
This article is general information, not a substitute for advice from a qualified lawyer. Consult a qualified legal professional about your own circumstances before acting on anything here.
FAQ
How much does it cost to change a child’s last name in Florida?
Costs vary by county and typically include a filing fee, a fingerprint processing fee in the $40 to $50 range, and certified-copy charges at the clerk’s office; call your local clerk for exact current amounts.
Can I change my child’s name without the father’s consent in Florida?
Yes, but you’ll need to serve him personally if he can be located, or complete a constructive notice publication process supported by an affidavit of diligent search if he cannot be found.
How long does it take to change a child’s last name in Florida?
Expect several weeks at minimum, since the court generally won’t schedule a hearing until the clerk receives your fingerprint-based criminal history results, and contested cases involving publication add more time.
How old does a minor have to be to change their last name?
Florida law does not set a fixed minimum age for a minor name change petition; a parent or guardian can file at any age, though courts often give more weight to an older child’s own preference.
