Father is in jail and has not participated in the childs life thus far and probably will not. He will object due to his pride but other than that
Child has resided with the mother. Mother never changed her last name when married and the birth certificate was signed while in the hospital on pain meds after c-section although it does only have mothers signature.
Father is prove able drug user and has even stolen from the mother ($ for child) by ordering, writing, signing and cashing checks out of her solely owned bank account. He acknowledges and even sent text messages to the mother about setting up a way to pay her back for the stolen checks...
He will probably be serving some time in prison.
What are legitimate reasons a judge would consider this?
The standard is for the best interest of the child. However, if you were married at the time and you had/have the last name and so does the father and the child, this may be something that is not easy to accomplish.
Michael Patrick LobergCriminal Defense AttorneyLargo, FL ·
Since the mother never changed her name and is the sole provider for the child, there is a good argument that it is in the best interests of the child that a name change occur. However, there are a lot of factors that go into the best interest of the child discussion and there is really no way to answer your question without a lot more information (including whether or not Father is going to do prison time and, if so, how much). Your best bet is to consult with a lawyer in your area (most give free initial consultations) who can get all the facts and give you advice. Please let us know if these answers are helpful and/or the best by clicking the appropriate button. Good luck!
I have not seen that happen. You could argue that is in the best interest of your child to have your last name since you will be the primary (if not only) caregiver for the child.
You will have an opportunity to testify as to why you believe that the child's last name should be changed. For example, you are the sole provider and care taker, easier to register child at school, day care, doctor visits, emergencies, etc.
No attorney can tell you with certainty whether or not the name change will be granted, that's in the Judge's hands. However, consider all the scenarios (like those outlined above) that facilitate the child's registration and the child's identity when he shares your last name and Father is in jail or not otherwise actively involved in the child's life..
