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Can I change my child's last name?

When my daughter was born her father was in jail...so we had to go to the town hall after to get his name on the birth certificate...and at that time, he convinced me to change her last name to his instead of mine. So I did. I hadn't told anyone yet, like my parents. Then we broke up, I left him because he's abusive and I met another man when my daughter was 4 months old. He's been around since and now she's almost 3. Her bio father gets visitation but he's a jerk. I haven't told anyone...everyone thinks she has my last name. Is there anyway I can legally change her last name back to my last name?

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Anonymous

Asked by Anonymous at 7:36 PM on Feb. 27, 2010 in Toddlers (1-2)

Answers (7)
  • I don't believe you can without the biological father's consent, and you will need a court order to do it, too.
    Busimommi

    Answer by Busimommi at 7:38 PM on Feb. 27, 2010

  • Call your town clerk's office and ask. If you keep his name, you'll have to eventually use it when she goes to school.
    kjrn79

    Answer by kjrn79 at 7:39 PM on Feb. 27, 2010

  • I know! I'm so worried. I don't want to have to use his last name...I dont want to have a different last name than her. This sucks. there has to be a way around it
    Anonymous

    Answer by Anonymous at 7:40 PM on Feb. 27, 2010

  • yea call your local state office of vital records.
    Anonymous

    Answer by Anonymous at 7:41 PM on Feb. 27, 2010

  • even when she starts school you can have her go by your new last name,all you say is that you dont want the dad to know what school she attends because he was abusive and you feel scared,my friend did that and she always went by the last name lopez and not he real last name
    Anonymous

    Answer by Anonymous at 7:44 PM on Feb. 27, 2010

  • It used to be easy to change names. Not so after 9/11. When my son was born I was married and the state made me have his father's name on the birth certificate. His father filed for divorce the day after he was born because he didn't want a defective child and never saw him again. I changed his name to my last name right after the divorce was final on everything except the birth certificate. His social security card and everything was my name. He never used his father's name and at that time that made it his legal name.

    When he got his learner's permit everything was fine. Then when he went to get his driver's license they made him have his father's name on it and he has to go to court to have his birth certificate changed. He was emancipated when he was 19 so we could leave the state. Now we live in a new state and he has to go to court in the new state and get a new birth certificate.

    You will have to go to court.
    Gailll

    Answer by Gailll at 8:25 PM on Feb. 27, 2010

  • My sister did with her daughter. I know she went to court and petitioned the court to change her name. Not sure of what the process involved. Good luck!
    grooveybabe004

    Answer by grooveybabe004 at 5:52 PM on Feb. 28, 2010

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