Does anyone know about name changes?
im enrolling my 5yr old in school this month and we want to use a different last name then that of the one on the birth certificate. the school says we need legal paperwork and documentation to do it.
the problem with that is i think i would have to take her biological father to court with is a complicated process. he has nothing to do with her at all right now, by his choice. i rather it stay that way too. what can i do, she already knows the other last name and likes it.
Answers:
It is a complicated process and you would have to take the father to court. You basically have to petition the court to terminate his parental rights (which he may be willing to do voluntarily if it'll get him out of paying child support and he doesn't have anything to do with the child anyway...) and then the new daddy (if there is one) would have to adopt the child.
To those of you suggesting that the poster go to the courthouse and talk to a clerk.District and County Clerks are prohibited from dispensing legal advice.
Additionally:
To be able to change a child's surname, all those who have parental responsibility will need to agree. If the parental responsibility holders do not agree, the parent seeking to change the name can apply to the courts for the court to consent to the name change. The court would then have to make the decision on whether or not it will be in the best interests of the child.
If a parent with parental responsibility has been absent from the child's life and is uncontactable it is possible to change the child's surname without the consent of that parent. Attempts to make contact with the absent parent must be reasonable. Once a child reaches the age of 16 they are able to change their name themselves.
Go to your local courthouse and request the paperwork. They will explain the procedure to you. You should not need an attorney, but you can usually consult one for free the first time. Try your local bar association to find a lawyer.
Edit: A name change has nothing to do with terminating parental rights. Again, this is a simple process.
I think it depends on who has legal custody of the child and if you are the sole custodian then you can change her name legally. I think that you should go ahead and enroll her in school and change her name in the school later just let her teacher know that she will only respond to the other name.
Go to the court house nearest to you and talk to a clerk, its not so difficult it takes about a day, and doesnt cost much.
First I'm not sure if at the end your daughter knows the current last name the one on the certificate I'm assuming. With that being said I would leave it as is if your 5 year old knows it and likes it why change it now? You should have changed it in the first 2 years when he wasn't coming around.Not meaning that mean but your daughter now knows and likes it why cuz confusion. It is usually our(mom) emotional reasons and anger that we harbor for our children cuz of the absent parent's neglect that we feel we have to make up for. She has her fathers last name the way it should be weather he participates or not he'll regret it. But if it bothers you that bad you will have to hire a lawyer go through the courts to make it legal. A judge has to sign off on it. If you don't have the money to really do this just leave as is and it doesn't take away from your daughter she'll be as beautiful and bight and strong women no matter what her last name is don't let this be a thorn in your side. You never know you might meet Mr. Right down the road and marry and he"ll adopt her and she can have his last name. Good luck think in the best interest of your daughter not out of your own bitterness.
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