QUESTION
Can I legally change my daughter's last name?
Asked on Apr 30th, 2014 on Child Custody - Rhode Island
More details to this question:
My daughter has my maiden name. I recently got married to a man who is not her father. My daughter is 4 and her father was in and out of her life for the first year but then would call maybe every 6 months (most times longer) to see how she was. We haven't seen or heard from him in over 5 months and he stated he has no plans on being around anymore. Can I change her last name to my married name without his consent?
3 ANSWERS
Divorce & Separation Attorney serving Jacksonville, NC
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The Houser Law Firm, P.C.
2 Awards
In North Carolina, no. And even if you are allowed to do it in other jurisdictions - it would be a crappy thing to do.
Answered on May 01st, 2014 at 4:00 AM
Dispute Resolution Attorney serving Seattle, WA
at
Law Offices of Helene Ellenbogen P.S.
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The question is was he ever a legal father? This is determined by whether a court order ever declared him to be a father and gave him any rights or responsibilities (e.g. child support). If not, then you can change the child's name. If yes, he needs to agree or you need to get an order from the family court to do so.
Answered on Apr 30th, 2014 at 5:47 PM
2 Awards
You would need to pursue a petition for a name change of a minor child. If the other parent does not consent, then that other parent would have to be formally served with the petition. It would be prudent to have an attorney assist you with the name change petition to ensure that it is done right. Good luck!
Answered on Apr 30th, 2014 at 4:44 PM