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How do I change her last name?

Posted by on Jul. 31, 2007 at 12:52 AM
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My daughter's father doesn't seem to want to have anything to do with her, and neither does his family.  I'd like to change her last name.  Why have his last name if she is unwanted in that family?  What should I do in this situation and how do I go about doing it?
by on Jul. 31, 2007 at 12:52 AM
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Replies (1-6):
kairahsmommy
by New Member on Jul. 31, 2007 at 2:53 AM

i would like some advice on that key to.
mine and my husbands anniversary
Tigger22472
by on Jul. 31, 2007 at 4:45 AM
YOu have to inform the father and get his concent or lack there of (meaning he would know it had been filed for and did nothing to stop it).  Otherwise you're looking at convincing a judge it's in the best interest of the child.  What name you want to change it to could also make a difference. If it's your maiden name that you still go by will make a difference then if it a married name.

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alis_mom
by Member on Jul. 31, 2007 at 11:10 AM
My lawyer helped me get my daughter's name hypenated.  You have to petition the court, notify the father, post the notice in the paper a minimum of 3 times and if the father contests it, you have to go before a judge with valid reasons.  My ex was contesting the hypenation but he had no valid reasons. You would more likely be granted a hyphenation than a complete change.  If you can get him to consent, that would be great.  Good luck!

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BebeCGC
by on Jul. 31, 2007 at 11:49 AM
if you were never married, that works in your favor.  is the father listed on the birth certificate???     my daughter just got her sons name changed.  she had to send the father notification, by sending a certified letter telling him the date of the hearing.  she requested a signature on the mail delivery.   they tried to deliver it, he wasn't home.  they left notice of a letter to pick up at the post office, and gave him a week to get it.  didn't pick it up.  left a 2nd notice giving him one more week.  still didn't pick it up, so it was returned to my daughter.  she brought it into court - unopened and marked by the post office as "unclaimed".  that was her proof that she had tried to notify him of the hearing, and it was accepted by the court.   she had also been given a copy of the receipt when she mailed it, so she would have proof of it being sent, along with the returned signature card, if he had received the letter and did not show up in court.  (the papers that she filed stated that he had to be given at least 31 days notice before the hearing). 

she stated at the hearing, that they were unmarried at the time of the birth, but had been planning to get married soon, so she gave the child the fathers last name.  marriage lasted a very brief time.  father is not involved on a regular basis with the child, and only visits sporadically.  his family is not involved either.  she said that she wanted her own name restored to her maiden name, and wanted her sons name changed to that as well, so that they would share that "familial bond".  she said that her child has a very close and loving relationship with her family.  she also stated that she wanted to change it at this point, while he is still young, to avoid confusion once he is old enough to start school.    

she had to have 2 witnesses present - over age 18 - who just had to swear that she is who she said she is, and to testify that she was not changing their names for any unlawful purpose (like avoiding bills, or legal consequences). 

if you were never married, you have a good case, even if the father were to show up and contest it.    good luck, and please let us know how it goes!!!
landonsmomy
by Member on Jul. 31, 2007 at 1:08 PM

I was married to the guy and kept his last name....but then decided that i wanted mine changed back to maiden...and wanted to change my sons.  I got an attorney, it was like $500...told him the situation, and all you have to do is get the "deadbeat" to consent to it, and sign a paper in front of a notary, and then it will go through the court, and he wont even have to appear....thats how mine went anyways...hope this helps!

GrinchMom
by on Jul. 31, 2007 at 1:20 PM
Oy-  I just went through this!

I won't sugar coat it, unless you get the father to agree to changing the name, it's a long, expensive process!

If he will sign that he agrees to it, it's easy-  all you'd have to pay is your filing fee with the circuit court.  For me, that was $90.

(Mind you I couldn't find my sons father to agree or disagree)

Then I had to pay the local newspaper to advertise my request in the paper.  Embarassing + $105.00

Then the judge determined I had to try harder to find the father.  So I had to send a bunch of certified letters and prove he is not around.  $20something....

Finally the judge granted my request and I no longer have to look at that hideous name! 

Also, afterward, you have to get your child a new social security card (free) and if you want, a new birth certificate, which isn't much.

BEST OF LUCK!!!
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