RONNY COTHRON, APPELLANT,
v.
DEBORAH A. HADLEY, APPELLEE
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Ronny Cothron appeals a trial court order changing his two minor children's surname from Cothron to Hadley (their mother's name). The appellate court reverses because the record lacks competent evidence supporting the name change, relying only on the mother's conclusory hearsay testimony and speculation about potential embarrassment due to the father's sex offender status.
The court reversed the name change order because the record lacked competent evidence to support the trial court's findings. The decision was based improperly on the mother's conclusory assertions and hearsay testimony rather than competent evidence demonstrating that the name change was necessary for the children's welfare.
[1] A court may change a child's surname only where the record affirmatively shows that such change is required for the welfare of the child.
[2] The party seeking a child's surname change bears the burden of proof.
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Join FLexlaw to unlock all legal intelligence“to change the name of a child is a serious matter and such action may be taken only where the record affirmatively shows that such change is required for the welfare of the child”
Establishes the legal standard for child name changes in Florida law
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Join FLexlaw to unlock all legal intelligenceRonny Cothron is a convicted sex offender serving ten years of probation following a guilty plea to attempted lewd and lascivious acts in the presence…
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PER CURIAM.
Ronny Cothron appeals from a final order changing the surname of his two minor children from Cothron to Hadley, which is the current surname of appellee, his former wife. Because there is no competent evidence to support the trial court’s findings, we reverse.
Ronny is a convicted sex offender, serving ten years of probation following a guilty plea of attempted lewd and lascivious acts in the presence of a child.1 The only testimony in support of appellee’s petition for the name change came from appellee who was allowed, over objection, to offer hearsay testimony that the older child wanted no association with the name “Cothron.” Appellee also testified that it was her intent to protect the children from any embarrassment they might suffer through the years because of appellant’s status as a convicted sex offender, although there was no competent evidence that any such embarrassment had occurred or would occur in the future. There was no evidence other than the appellee’s conclusionary testimony that such name change would be in the children’s best interests.
Case law suggests that to change the name of a child is a serious matter and such action may be taken only where the record affirmatively shows that such change is required for the welfare of the child. Lazow v. Lazow, 147 So. 2d 12 (Fla. 3d DCA 1962). See also Coolidge v. Ulbrich, 733 So. 2d 1092 (Fla. 4th DCA 1999). Moreover, 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 party’s conclusory assertions as appears in the record before us. See, Durham v. McNair, 659 So. 2d 1291 (Fla. 5th DCA 1995); Collinsworth v. O’Connell, 508 So. 2d 744 (Fla. 1st DCA 1987).
Accordingly, we reverse the order appealed from, and remand the cause to the trial court with directions to appoint a guardian ad litem for the children and to hold another hearing at which additional testimony may be taken, including input from the guardian ad litem, so that the court may determine, based on competent evidence, whether a name change is in the best interests of the children.
REVERSED and REMANDED.
THOMPSON, C.J., GRIFFIN, J., and ORFINGER, M., Senior Judge, concur. . Not his children.
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Esig Perlow v. Berg-Perlow, 875 So. 2d 383 (Fla. 2004)…ine the husband’s entitlement to temporary attorney’s fees, even if this required a continuance; and (3) the judge erred in denying the husband’s motion to appoint a guardian ad litem arguing that if, as the Fifth District held in Cothron v. Hadley, 769 So. 2d 1148 (Fla. 5th DCA 2000), it is reversible error not to appoint a guardian ad litem before changing a child’s name, then it must be reversible error not to appoint a guardian ad litem before severing all ties between a child and his father. With respect…
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Esig Perlow v. Berg-Perlow, 816 So. 2d 210 (Fla. 4th DCA 2002)…gues that if it is reversible error not to appoint a guardian ad litem before changing a child’s name, it must be reversible error not. to appoint a guardian ad litem before severing all ties between a child and his father, citing Cothron v. Hadley, 769 So. 2d 1148 (Fla. 5th DCA 2000). In Cothron, the district court reversed not for failure to appoint a guardian ad litem, but for insufficient evidence. It remanded with instructions to appoint a guardian ad litem and to hold a further evidentiary hearing at whi…
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Airsman v. Airsman, 179 So. 3d 342 (Fla. 2d DCA 2015)…ourt’s decision under an abuse of discretion standard. Coolidge v. Ulbrich, 733 So. 2d 1092, 1094 (Fla. 4th DCA 1999). The party seeking to change the child’s name bears the burden of proof; conclusory assertions are insufficient. Cothron v. Hadley, 769 So. 2d 1148, 1148 (Fla. 5th DCA 2000). As we observed in Wilson v. Smith, 126 So. 3d 413, 416 (Fla. 2d DCA 2013): This court and others have held that the standard for changing a child’s name is whether the change is in the child’s best interests or is necessa…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Collinsworth v. O'Connell, 508 So. 2d 744 (Fla. 1st DCA 1987)
- Lazow v. Eleanore Lazow, 147 So. 2d 12 (Fla. 3d DCA 1962)
- Durham v. Lany McNAIR, 659 So. 2d 1291 (Fla. 5th DCA 1995)
- Coolidge v. Ulbrich, 733 So. 2d 1092 (Fla. 4th DCA 1999)