QUESTION
Can I change my daughter''s last name to reflect my new married last name?
Asked on Jan 09th, 2012 on Family Law - Virginia
More details to this question:
I live in Virginia. My daughter''s last name is a combination of my maiden name and her biological father''s last name, we were never married and he is on her birth certificate. I''d like to change it to a combination of my new married name and her biological father''s last name. I know her biological father won''t agree. What things will be considered by the judge to make this change? I have sole physical, we share joint legal. I want to do this because she will be in kindergarten next year and since I am present and handle all of her school and medical costs and concerns (her father does not handle anything for her medical or school), I just want part of my name to be represented to not confuse our relationship. I do not want to remove his name, just update my part of the last name.
1 ANSWER
You provide a good reason for why a court may grant your name change request. Pursuant to Virginia Code Section 8.01-217, a name change for a minor child shall be granted if it is determined to be in the best interest of that child. You are not trying to eliminate her father's surname but are only attempting to update to your current last name. This may be in the child's best interest.
However, on the flip side of the coin, the Court may be concerned about other factors, such as the length of your marriage, and the confusion that having her step-father's last name may also present (e.g. will people assume she is adopted or that your husband is her actual father, since many people may assume that the hyphenated portion of the name is your maiden name rather than her father's name).
If her father does not agree to the name change, there must be a hearing to determine if it is in this child's best interest to change her name. You bring up legitimate points as to why it may be in her best interest, but it is still a tough call.
Answered on Jan 12th, 2012 at 1:48 PM