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how can I change my daughters last name?

My daughter has her fathers name, (he actually filled out the papers), who was around for the first 3 mths of her life, and now I dont even know where he is, i want to change her last name to mine, he wont sign the papers for me. I saw some of you had said you posted something in the paper and then went to court? What did you have to do? We actually have a court date for Feb 24, I had to apply for substituted service so I could serve his brother and sister, and I dont even know if he will show up. Can I ask the judge to give me permision as well? What should I do?? We live in Canada.

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sweetbabymuma

Asked by sweetbabymuma at 12:05 AM on Feb. 5, 2009 in General Parenting

Level 1 (0 Credits)
Answers (8)
  • Yes, talk to the judge. He will know all the laws for you provence/county... etc. :)

    I don't about canadian laws but here the court has to approve it unless the father has no rights.
    celticreverie

    Answer by celticreverie at 12:14 AM on Feb. 5, 2009

  • Celtic . . what do you mean? I'm confused. I think you made a mistake in that last statement. OP, I believe if you make extraordinary efforts to contact the biological father and his family to inform him of the hearing and he doesn't show . . well, I'm pretty sure that counts against him and in your favor! Contact your local courthouse for the details, so that you can approach this with your best foot!
    BridgetC140

    Answer by BridgetC140 at 12:41 AM on Feb. 5, 2009

  • *forward!! lol
    BridgetC140

    Answer by BridgetC140 at 12:42 AM on Feb. 5, 2009

  • i live in canada to!! :) (vancouver) anyywho...i sorta went thru that 2 years ago, i went to court and recieved substitutional service, and had my sister serve his mom on his bday..lol..it was hilarious! anywho!! if he DOESNT show up to court..thats a GOOD THING!! because the judge will make all the decisions on HIS behalf..soo, pretty much, whatever you go in there asking for..youre gonna get..as long as its reasonable..my ex didnt show up and it was awesome! i mean yaa..one day if he decided to show up he can take ya back to court and "fix" everything..but, in the mean time, you get what ya want..good luck!
    alexis_06

    Answer by alexis_06 at 1:25 AM on Feb. 5, 2009

  • if the father signs away his rights then he doesn't have a say in the last name of the child, or name at all, and it's much easier to change. should have made that clear, sorry...
    celticreverie

    Answer by celticreverie at 8:56 AM on Feb. 5, 2009

  • We had to go to probate court in Ohio and fill out some papers and send a notice to her last known address. We actually had my oldest child last name changed to her father's last name because her mother is out of the picture. I would ask the judge he would know.
    Lovinmy3kidsoh

    Answer by Lovinmy3kidsoh at 11:28 AM on Feb. 5, 2009

  • I don't understand why you want to do this. I understand it is horrible that he just dumps his kid. It does not however make her not a what ever his last name is. Every child has a right to know who they are and where they came from. If she wishes to have it removed when she is old enough then that should be her choice. Bare minimum I would hyphenate it with my last name. It is her birthright. I am not bashing you, just voicing a difference of opinion.  A peice of paper is not going to wipe away his DNA sorry.

    Anonymous

    Answer by Anonymous at 11:55 AM on Feb. 5, 2009

  • I just dont want her growing up having the last name of someone she doesnt know, and probly never really will. I dont want her dad coming in and out of her life, if he wants to be in it then he has to be there consistently, not whenever he feels like it. And I have made that clear to him, and he has made his decision. I want her to have the same last name as me, I am her family. I tried hyphenating it, and that's what I wanted from the start, but her dad didnt agree. I gave her his last name because he was so gung ho at the start and said he would never change his mind, and never do what he has done, and he had the chance! I dont see any point to her having his last name if she is not going to know her. I hope he doesnt show up, the only reason he will is to try to get out of paying, good luck with that!!! I am pretty sure he wont anyway.

    Thanks for all the help and advice everyone I appreciate it!
    sweetbabymuma

    Answer by sweetbabymuma at 8:36 PM on Feb. 5, 2009

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