Child Name Change

[tlw30]

Hello everyone, just looking for some input. I have a 10 year old who wants to change her last name to my current last name, she has my maiden name and wants my new name. My question is her father is not on her birth certificate but does pay child support for her. I'm pretty certain he won't have an issue since she doesn't have his last name anyway but I am curious to know if he will need to be involved in paperwork, court or anything else during the process since he is not on the birth certificate. I know I didn't need him when I got her passport since he's not on the birth certificate so I'm wondering about this. I also have full custody.

Thanks in advance

 

[Proserpina]

He'll generally need to be notified, yes. He'll probably have the chance to object but as you say, she doesn't have his last name anyway so the court isn't likely to side with him.

 

[irish223]

I'd like to add just a little qualifier. If the father does object, I believe it's very possible that the court will deny the name change. There's a big difference, IMO, between the father's child having the mother's maiden name and the father's child having the step-father's name (even though it's yours also.)

 

[tlw30]

Thanks for the responses, I don't think the father would object once he understands her reasonings and I think it says something that he has never cared to get his name put on her birth certificate, I've brought it up numberous times when she was younger but finally just gave it up. I wasn't sure if he even had to be involved since the only thing we have stating he is the father is a child support check. I have every intention on telling him, just was curious what kind of involvement he would have in the process, if any.

I think with my daughter being 10 and being able to explain her reasonings we should be fine, it has absoultely nothing to do with the name being her step fathers, it has to do with my last name and our family name that she is with 99% of the time that is where I think a judge will understand that it has nothing to do with the step-father's last name, it has to do with her wanting to feel complete with her family. The step-father has not a thing to do with anything besdies the fact that I married him and took his last name.

 

[jharris352]

Being on the birth certificate is really not important after paternity is established. In fact, if he wanted, he could put himself on the birth certificate if he has established paternity and he could ask for the child's name to be changed or hyphenated to his name. Absolutely he will have to be served when you file to change the child's name. If you didn't think he might object you wouldn't be asking. She is his child too and any change to her name is something he is going served with and have the ability to object to.

And despite the advisory posts of others here, if he objects the Judge is likely to deny your petition. Even though she does not have his name now, she doesn't have some OTHER persons name she has yours. If your current husband wants her to have his name he needs to adopt her (again that would take permission).

 

[tlw30]

Thanks for your input too. I have asked the question out of curiosity, I don't know anyone in any type of legal field and I like to do my research beforehand. I'm well aware he can go and put his name on the birth certificate, like I said its something I tried to get him to do for quite some time, my daughter has seen it and didn't understand why her dad's name isn't on there. My last name was agreed upon before she was born because she would be with me the majority of the time so we both thought it to be suiting. Paternity was known in the hospital, he was there, knew it was his child, nothing to establish. I am in no way trying to deny my dauther's father's rights, my husband would adopt my daughter in a heart beat but that isn't what this is about, not trying to take her father away from her in anyway. My daugher has wanted this for the last 2 years so if we can't make it happen I'm sure it's something she will do on her own when she is old enough or she will start using my last name for anything that isn't legal.

And really, I do not think he will object, the only reason the question was asked was because like I said in the previous post, I didn't need him for a passport because they viewed the birth certificate as the holy grail so to speak so I was curious about this, he is pretty understanding and we have a good relationship, the only person I think who will cause an issue is his wife, she's one of those who sometimes doesn't know when it's not her place to get involved.

 

[bluemann33]

Thanks for your input too. I have asked the question out of curiosity, I don't know anyone in any type of legal field and I like to do my research beforehand. I'm well aware he can go and put his name on the birth certificate, like I said its something I tried to get him to do for quite some time, my daughter has seen it and didn't understand why her dad's name isn't on there. My last name was agreed upon before she was born because she would be with me the majority of the time so we both thought it to be suiting. Paternity was known in the hospital, he was there, knew it was his child, nothing to establish. I am in no way trying to deny my dauther's father's rights, my husband would adopt my daughter in a heart beat but that isn't what this is about, not trying to take her father away from her in anyway. My daugher has wanted this for the last 2 years so if we can't make it happen I'm sure it's something she will do on her own when she is old enough or she will start using my last name for anything that isn't legal.

And really, I do not think he will object, the only reason the question was asked was because like I said in the previous post, I didn't need him for a passport because they viewed the birth certificate as the holy grail so to speak so I was curious about this, he is pretty understanding and we have a good relationship, the only person I think who will cause an issue is his wife, she's one of those who sometimes doesn't know when it's not her place to get involved.

I know you say your not trying to let your husband adopt your daughter but remember if that does happen you would lose your child support from her father.

 

[tlw30]

Yes I know I would lose child support but adoption isn't even thought of or discussed but thanks for pointing that out for anyone who might be reading. Her father while not the best father by any means, is still her father and has every right to be part of her life, I would never try to take that away from either of them.

 

[lonelyinny]

changing child's name doesnt make hubby dad

Hello everyone, just looking for some input. I have a 10 year old who wants to change her last name to my current last name, she has my maiden name and wants my new name. My question is her father is not on her birth certificate but does pay child support for her. I'm pretty certain he won't have an issue since she doesn't have his last name anyway but I am curious to know if he will need to be involved in paperwork, court or anything else during the process since he is not on the birth certificate. I know I didn't need him when I got her passport since he's not on the birth certificate so I'm wondering about this. I also have full custody.

Thanks in advance

changing you child's name to that of your husband doesnt make him dad or give him rights-hes still a legal stranger untill he adopts. and you need dad's consent for that

 

[tlw30]

Thanks, all that I am aware of, my only question was since the father isn't on the birth certificate will I need him for signing things, that is all. I just wanted to get all my details about it before I talked to him to let him know if he would have to be involved in the process, paperwork all that stuff. Again as I stated previously this has absoutely nothing to do with my husband. My daughter wants my current last name, not my maiden name, her father is in her life, that won't change she just wants her last name changed.

 

[bluemann33]

Thanks, all that I am aware of, my only question was since the father isn't on the birth certificate will I need him for signing things, that is all. I just wanted to get all my details about it before I talked to him to let him know if he would have to be involved in the process, paperwork all that stuff. Again as I stated previously this has absoutely nothing to do with my husband. My daughter wants my current last name, not my maiden name, her father is in her life, that won't change she just wants her last name changed.

I can undersrand why she would want your last name. Your mom and she looks up to you and your the only constant in her life it seems. Good luck to you and hope everything works out for her.

 

[jharris352]

I think its important to note that the Father being on the birth certificate or not does not matter. If he is paying child support then paternity has likely been established. If it has the Father could get on the birth certificate by having it changed. Please stop trying to diminish his standing by pretending that he is less of a father because YOU didn't put him on the birth certificate. This isn't just you, many people here seem to think this is more important than it is.

ANYTHING that you do with this child he is likely to have standing to be notified and to object. Now that doesn't mean you can't get it done anyway, but you have to treat him like the Father and not just the child support payer. Maybe he isn't involved and maybe that's how you like it, but always remember HE IS the father and has rights to her just like you do. Your new husband doesn't have those rights and won't unless you get the Father to give up his rights, you forgo child support, and then he adopts her.

I'm not trying to be mean or rude, but you seem to want to have both worlds. The one where dad pays child support and the one where your new husband is treated as the father. Don't diminish your daughter's father. She won't and one day she will not be happy if you have.

Good luck, I understand why you want to do what you want to do. Just never discount the Father's rights.