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Changing my daughters last name

Discussion in 'Other Family Law Matters' started by fprp1223, Feb 4, 2002.

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  1. fprp1223

    fprp1223 Law Topic Starter New Member

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    My daughter has her fathers last name he has not been in her life for the last five years. She is now six. What is the procedure on changing her last name to mine. Also since he does not make any contact or has never paid child support is there a way to terminate all or any of his rights.

    Thank you,
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    State law is important here. Your state probably has a child abandonment law. Most states are no longer than 2-3 years. If it has been more than 5 years then I'd venture to say that you may have a good chance to seek that status for your child. Changing the name should be an easier task after that is accomplished.
     
  3. SANDRADMC

    SANDRADMC New Member

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    Changing Last Name

    I have a 8 year old daughter. I am getting married soon to a guy whom I have been with for 4 years and who is NOT the bio-logical father. Her bio-logical father does pay child support and has had some minimal contact from time to time in the past 6 years (since he saw her last).
    I just want to change her last name to what all of ours is going to be, I dont want her father to give up his rights.Is there a way to do that?
     
  4. Duranie

    Duranie Moderator

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    You cannot change your daughters last name without permission from the father. I have no idea why he would consent to doing this is his rights are not terminated.

    Unless he agrees, you cannot do it. Your husband is not her father therefore the bio dad probably is not going to consent to this and if he pays support, he should not have to.

    Sorry. You can ask him, I would not expect he will agree to this.
     
  5. SANDRADMC

    SANDRADMC New Member

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    Of course, I know I can't do it without his consent, but I was asking is it possible. I will do what the law allows. And yes my fiance is not her biological father but has been there since she was 4 and calls him dad. She calls her father by his first name, what does that say??
    But we have a child (son) together whom is 2 1/2 and I dont want my daughter to feel left out in regards to our last name.
    But I want her father to have his rights, maybe one day he will want to be more involved with her, so I dont want to throw that away for him, but I guess if wants to sign his rights over, that is up to him.
    And if the real father doesnt approve, is there a way to fight that? Name change wise?
    There is a long, long, history of her real father not really wanting anything to do with her. I have repeated emailes, stating he wasnt ready to have a child, ect..
    The only reason he pays child support is because he is a government official and he has to.
     
  6. Duranie

    Duranie Moderator

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    It doesnt matter why he pays support, he pays it and the law doesnt care either as long as it is paid.

    I do not see a judge changing the last name without his consent.

    There are alot of mixed families with different last names.

    Unless you can get him to terminate rights, you probably won't have much luck. Talk to an attorney and see what they say.
     
  7. SANDRADMC

    SANDRADMC New Member

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    Ok Once Again, If You Had Read My Response, I Know I Can Only Do It With His Consent.
    I Just Wanted To See If He Did Consent, If It Was Possible With Out Him Having To Sign Over His Rights, I Think He Would Be Ok With It.
    But Yes A Lawyer, Is Something I Need To Do When We Are Ready.
     
  8. Duranie

    Duranie Moderator

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    If he consents to the name change, then yes you can do it without him terminating rights.
     

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