Name Change & Deny Visitation

by Rain from Jacksonville, Florida, Duval County


I am an unmarried mother of a 4yr old. Her father signed the birth certificate.


He is now no longer in our lives and living somewhere in South Florida. Per my order of protection he is to have 6 months supervised visitation.

There was a modification from no contact to no violence as it concerns to me. However, the original order was both my child and I.

1. Does this mean he has to comply with the supervised visitation?

2. Is it worth me applying for child support (it will give him rights to see her)

3. Can I change her last name (mine-his) just to mine without his consent?

Answer to Florida Child Visitation Question

Dear Rain,

1. Does this mean he has to comply with supervised visitation?

Yes, it sounds like he would need to adhere to supervised visitation.

If the six month period has expired, you may need to reinforce your need for him to be restricted to only supervised visitation.

My suggestion is to file a Supervised Safety Focused Parenting Plan, Form 12.995(b) if he attempts to have visitation.

Have a look at our web-powered instructions page for this form. Instructions for the Supervised Safety Focused Parenting Plan form state in part:

A Parenting Plan is required in all cases involving minor children. This form or a similar form should be used in cases when you feel your children cannot be safely alone with the other parent or if you believe shared parental responsibility presents a detriment to the children.

In this case, a Parenting Plan must be developed that allows time-sharing with any minor children, while providing protection for the children.


2. Is it worth me applying for child support (it will give him rights to see her).

That is your call. He has an obligation to help support your daughter. If you requested the Department of Revenue (DOR) to help you get the child support you are due, they would take action on the child support issue, and nothing more.

The DOR does not deal with visitation or any other issue. It would then be up to your ex to assert his right to see his daughter.

3. Can I change her last name (mine-his) just to mine without his consent?

No. You must, at the very least, notify him of your intent to change his daughter's name. In some cases might be waived, if the court considered his absence abandonment, his consent might not be required.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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