QUESTION
I have a 15 month old and I just got married. My daughter has my maiden name but I would like it to be changed to my new last name. How can I?
Asked on Dec 27th, 2011 on Family Law - Virginia
More details to this question:
I have full physical custody and joint legal with her real father. She has my maiden name keffer but I would like her to have my new last name evans. Her real father is int he air force and lives in nc while we live in va. He comes maybe once a month to see her and pays court ordered child support. . She doesn''t even have his name. She I want her to have my last name. It seems stupid for her to have my maiden name and her mother something different and real fathers something else. How do I go about doing this the easiest and simpliest way possible? If I do change her name to my married name does that mean her real father gives up his rights to her? Because thats not what either of us would want. I just want my daughter to have my new last name since she has my old last name anyways.
1 ANSWER
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In order to change the name of a minor child, both parents must be in agreement. If the natural father will not consent to the name change, you would have to have a hearing in court to demonstrate that it is in the child's best interest. There could be reasons why the father would accept the child having your maiden name, but not the last name of another man. The first step would be to talk with him about it and determine whether he will agree to it or not. If not, then you have to decide how important it is to you and how much you are willing to fight him for it.
Changing the child's name has no effect on the parental rights of the father. Termination of parental rights is a much more complicated matter that is only granted in extreme situations, such as severe child abuse or neglect.
This answer is given in accordance with the laws of Virginia and may not be applicable in any other state. It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.
Answered on Dec 27th, 2011 at 10:53 PM