I won sole managing conservatorship of my daughter in 2006, and my ex ended up with supervised visitation. I have been remarried for 2 years now and my 6 y/o daughter wants to change her name to my new last name since she considers my new husband her daddy and rarely sees her bio dad (he calls in sick or too busy to his visitation). My ex owes close to $10,000 in unpaid court orded child/med support (none pd in past 6 mos) and refuses to provide current mailing/work addresses to me, the courts, or the attorney general. I want to change my daughter's name now, so that she doesn't have to go through school with a different name than her parents and her future sibling (due Jan 2011). I think my ex will sign away his rights once he owes too much, but right now he just wants to be difficult
The simple answer is no.
I agree with the other attorneys.
It might be simplier just to let things "build up" and do it all at once -- termination, name change, etc.
Unfortunately, difficult people are a pain to deal with. If I were you, I might just wait, be quiet, save up my money, then slam him really hard and do it all at once.
Going back into court over and over just seems to be too expensive and seems to give him too much power over your life.
But that is just my opinion.
Happy pregnancy. I would not want to be in court (and under stress) if I were pregnant.
Kristen Lynn BienstockFamily Law AttorneySeattle, WA ·
I do not practice in your jurisdiction, but generally speaking, the answer is no. You cannot change your daughter's last name to your "new" married name, unless your ex voluntarily terminates his parental rights and/or the courts deem his parental rights terminated (not so easy to have done). Having a minor's name changed in the district courts is not such an easy task either. If your new husband wants to do a stepparent adoption of your daughter, your es will have to have his parental rights terminated either voluntarily or otherwise. It is highly advisable that you consult with an experienced adoption law attorney in your area. Good luck!.
You will need to file a petition, set it for hearing and have him served and noticed. If he fails to appear, then you can default him. Even if he appears and objects, you have strong arguments which may prevail at the hearing.
No, you will need his approval, or you would have to sue him to change her name and he not participate in the lawsuit. Even then, the court may not approve it.
Good luck.
