How to go about changing my child's last name from her absentee parent's?

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My 14 year old has asked that I change her surname from her father's to mine. He, as well as his siblings and parents, have been largely absent from her life. She feels no connection with the family. I was never married to her father but am now married with another child. I kept my maiden name so that my child would not feel out of place being the only member of our family with a different surname. I have asked her father over the years to allow my husband to adopt our child. This would stop the current support that he complains about paying although it will not erase the $20,000 worth of arrears. We live 15 minutes apart and he does not see or call our child unless she initiates it and then he usually brushes her off. He also will not consent to the name change.

Attorney Answers

2
Richard Lebovitz ·
Does your current husband want to adopt your child? If so then you can file for adoption and request a hearing on termination of parental rights. This could result in changing child's name to current spouse's name or to your maiden name.
0 upvotes
Patrick Crawford ·
I'm not absolutely certain about this, but I believe that the answer may be this. Absent an agreement between you and the father regarding the child's name, you can change the child's name by youself if you have sole legal custody of the child. Legal custody gives you the right to make decisions on important issues affecting your child, and SOLE legal custody would give you the sole right to do so. Obviously, the child's name is an important issue. If you haven't done so already, start a custody proceeding and seek sole physical and sole legal custody. Once that is done, open a separate case seeking to change the child's name. At that point, because you hopefully will have sole legal custody, you may not need the father's consent. You should talk to an attorney about the best way to handle this situation.
0 upvotes

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