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childs last name

i know when u wanna change ur childs last name i know both parents have to agree to it, but after u win ur full custody can u change ur childs last name w out the need of the other parent ? if so n i do change her last name can he still open up a case to fight for some custody when my child no longer has his last name ?

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chriskris

Asked by chriskris at 11:26 PM on Dec. 30, 2010 in Babies (0-12 months)

Level 9 (285 Credits)
Answers (8)
  • Whether you have full custody or not you have to have his permission to change the child's last name unless he has given up his rights.
    coala

    Answer by coala at 11:29 PM on Dec. 30, 2010

  • just because you change the childs last name doesnt mean he isnt her father anymore, you would have to go to court and have a judge terminate his parental rights but you would have to have a good reason such as drug abuse or physical abuse to the child and its very unlikely a judge would do that.
    L0vingMy3Girls

    Answer by L0vingMy3Girls at 11:30 PM on Dec. 30, 2010

  • Custody has nothing to do with changing your child's last name. The only ways I can think of that it's going to happen is if the father agrees that you can change the child's last name, or he would have to give up his parental rights. Which means he would not have to support his child. Then this would be another legal matter and you would have to go to court to legally change the child's last name even on your own. There's no other way.
    amessageofhope

    Answer by amessageofhope at 11:33 PM on Dec. 30, 2010

  • I've been looking into this too. My daughter's sperm donor has never seen her or tried to see her and she's almost 3. I didn't give her his last name and his name isn't on the birth certificate. I'm fixing to get married and my fiance is planning on adopting my daughter. I've been told that even though her bio dad has never seen her or had anything to do with her I've still got to go through the legal process of having him give up his rights. I don't know where he is now so supposedly all I have to do is have a lawyer put it in the paper at the last location that I knew he lived and if he doesn't respond within a certain amount of time, he's given up his rights. Good luck with your situation. Hopefully it won't be too much of a hassle.
    brittcw87

    Answer by brittcw87 at 11:47 PM on Dec. 30, 2010

  • The only way you can change a child's last name without the permission of the other parent is if the other parent has signed away their rights. Custody doesn't determin parental rights outside of visitations. Parental rights are still in full as long as the parent has not signed them away.
    JazzlikeMraz

    Answer by JazzlikeMraz at 11:48 PM on Dec. 30, 2010

  • Your question would be easier to read and answer if you used English spelling and grammatical conventions. Just a suggestion. It was very difficult to figure out what you were trying to say, with all the abbreviations you have thrown in. Please write correctly!
    Cedartrees4

    Answer by Cedartrees4 at 12:16 AM on Dec. 31, 2010

  • Name change is different in each state, has to go through court, and in the end is up to a judge. Usually the parent the child is named after would have to give up their rights for the name to be changed. Custody means who the child lives with or who makes day to day decisions about the child. One parent may have "full" custody but the other parent has visitation and pays support. The judge probably wouldn't allow a name change until the child turns 18 or 21 or whenever support stops. At that time the child would be an adult and would handle the name change through the court on their own. It's usually difficult to change a child's name (since 9/11).
    Gailll

    Answer by Gailll at 12:48 AM on Dec. 31, 2010

  • Sperm donors don't have parental rights. Brittcw87 is referring to her child's biological father (no sperm bank involved). If you use a sperm donor through a sperm bank then the donor gives up legal rights at the time of donation. Some women call men they have had a failed relationship with sperm donors. It's too bad because it is causing young people to have negative attitudes towards sperm banks.
    Gailll

    Answer by Gailll at 1:04 AM on Dec. 31, 2010

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