Daughter wants desperately to change last name

[deblmp32]

I was officially divorced in 1999, state of divorce N.H. Our decree stated we share legal custody. My ex deserted his daughter 6 years ago, we have not heard from him since. My daughter (now 13yrs old) wants desperately to get rid of his name, she wants to change her last name to match mine (which is my maiden name). We have been told that because my ex and I share legal custody, we need his permission. I have no idea where he is or how to find him. Is there a way to get legal custody changed to just me or have all his rights taken away. I just want my daughter to be happy and I know this will help.

 

[irish223]

I was officially divorced in 1999, state of divorce N.H. Our decree stated we share legal custody. My ex deserted his daughter 6 years ago, we have not heard from him since. My daughter (now 13yrs old) wants desperately to get rid of his name, she wants to change her last name to match mine (which is my maiden name). We have been told that because my ex and I share legal custody, we need his permission. I have no idea where he is or how to find him. Is there a way to get legal custody changed to just me or have all his rights taken away. I just want my daughter to be happy and I know this will help.

If it's been six years since the father has had contact with your daughter, you may have grounds to terminate his rights due to abandonment.

You also have a grounds to modify custody for the same reason.

 

[irish223]

Oops, I almost forgot!

I think you should retain an attorney to do this, but here's a link to the NH court forms:
http://www.nh.gov/judiciary/probate/pcforms/index.htm

 

[Duranie]

You need his permission to change the last name.

 

[mroberts8907]

My real father had to sign his rights over...in order to do that he has to know about it...but when I was about 5 my mother and step-father wanted to get full custody of me but it was to expensive. You shouldnt need his permission my mother didnt need my real fathers they just paid about 600 to change my name.you need to call the magistrate court to see if thats still correct. GOOD LUCK I know what your daughter is going through

 

[ohiogranny]

You could terminate his rights if you had a husband who was willing to adopt.

You certainly should file to change custody but you may have to serve him by publication. Same goes for the name change.