Child Wants to Change Last Name to Mine

**Paula75** · 12-13-2011, 06:09 PM

My question involves name change laws in the State of: My daughter wants to change her last name. Which is her fathers. To my last name. Her reasons are that her father doesn't look for her. She gonna be 16 soon and for the past 6 months he's M.I.A. Not to mention that he never looks for her. He can go out of state to visit his 3 older kids n lives with his 3 younger kids. Leaving her to be the "middle child" so to speak. And she stated " he doesn't deserve for me to have his last name he doesn't do anything for me and never has". My question is Will I have a hard time trying to change her last name to mine? Being that we can't find him. I'm not married

**Dogmatique** · 12-13-2011, 06:29 PM

Given that you didn't give your state, it's difficult to say.

However, as a general rule, the older the child gets the more difficult it is to change the child's last name against the wishes of the other parent. Dad will at least need to be notified, and he will have a chance to object.

But that's all very general, because you didn't list your US state.

**Paula75** · 12-13-2011, 08:16 PM

Oh terribly sorry. I'm in new York state. But what happens if I can't find her father. Would I have to go thru another family member. Or it's just her dad who can approve. I asked my daughter why. And by the look on her face and tone of voice she is set to do the change.

**Dogmatique** · 12-13-2011, 08:20 PM

Quite honestly your daughter doesn't (and for good reason) get to make that decision.

That aside, what you'll need to do is speak with a local attorney.

Dad needs to be at least notified and if you genuinely don't know where he is, service by publication may be necessary and you want to make sure it's done correctly.

If Dad objects though, I do not believe your chances are good. At best, you may be able to have her name hyphenated. But that's if Dad objects. If he doesn't, you should be good to go provided you can show the court that the name change is in her best interest.

Of course, she's going to come of age soon enough - and at that point, she can do what she wants anyway.

**Paula75** · 12-13-2011, 08:34 PM

Ok thanks. I kinda figured that. I told to think about it for time being. And if anything she could wait til she turns 18 to decide if she wanted to go thru with name change. I personally have nothing against her dad. I never asked for anything. Not even child support. Even though he does owe. I've taken care of my daughter all myself. And I believe I've done a good job. To where she trying to let her decisions be known on what she wants to do. Considering I was told she would never do that cuz she has cerebral palsy. But from the looks of it. CP didn't affect her brain n why of thinking. I think so any way. Thanks. I'll keep posting updates as to what has become of her wanting to change her name. Thanks again