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  1. #1
    Join Date
    Jul 2007
    Location
    Ohio
    Posts
    3

    Default Do I Need Permission From Father To Change a Child's Last Name

    I am an unmarried mother of two in Ohio. I would like to change both of their names back to my last name. The father of my daughter (2yrs.) does not pay child support and rarely visits or calls. Since we were never married do I need his permission to file a petition for name change? He did sign the birth certificate. He does not want me to change the name, but I do not feel like he should have a say so since he is not emotionally or financially supportive in any way. It is almost the same situation with my son's(10yrs.) father. Except he is completely absent. I would not have the first idea where to look for him and he is over thirty thousand dollars behind in child support.

  2. #2
    panther10758 Guest

    Default Re: Do I need permission from father to change daughter's last name?

    You will need his permission.

  3. #3
    Join Date
    Jul 2007
    Location
    Ohio
    Posts
    3

    Default Re: Do I need permission from father to change daughter's last name?

    If he refuses do I go to court anyway and let them decide? Or is it a done issue?

  4. #4
    panther10758 Guest

    Default Re: Do I need permission from father to change daughter's last name?

    You can go to court but as the Father he has equal rights regardless of his support/vistation status. He could fight and likely win

  5. #5
    Join Date
    Jul 2007
    Location
    Ohio
    Posts
    3

    Default Re: Do I need permission from father to change daughter's last name?

    Ok. last question. It is highly unlikely either father will show up in court. My son's father is nowhere to be found. The father of my daughter really doesn't care. It is just a control issue with him. Will we have to go through rescheduling court dates and tracking them down? I am doing this on my own. I cannot afford a lawyer.

  6. #6
    panther10758 Guest

    Default Re: Do I need permission from father to change daughter's last name?

    Contact legal aid. If you cannot locate one of the Father's ask court or Legal aid about substitute service like publucation. Both Father's have a right to be at hearing and a right to contest the change.

  7. #7
    Join Date
    Jul 2007
    Posts
    1

    Default Re: Do I need permission from father to change daughter's last name?

    Quote Quoting jennifermollett
    View Post
    He does not want me to change the name, but I do not feel like he should have a say so since he is not emotionally or financially supportive in any way. .
    it doesnt matter how you feel. HE is the man YOU chose to have a child with, and HE has as many rights as YOU. if he objects to HIS child's name being changed, it wont happen.

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,636

    Default Re: Do I need permission from father to change daughter's last name?

    Quote Quoting daddyofthree
    it doesnt matter how you feel. HE is the man YOU chose to have a child with, and HE has as many rights as YOU. if he objects to HIS child's name being changed, it wont happen.
    That's not necessarily the case. Under typical state law, in the event of dispute, the court would make a best interests determination.

  9. #9

    Default Re: Do I Need Permission From Father To Change a Child's Last Name

    When my son was 1 his father was out of the picture. I too was in the situation of no child support, no visitation etc.
    In my opinion: It is an honor to have a child take your name! It is a priveledge and not a right in this case! if an absentee parent thinks they have the right for a child to carry their name....well, they are fooling themselves.
    I handled it this way...when my son was 8 I remarried. My husband took on all the roles of parenting and was in my son't life since he was 2. My son started calling him dad and they were father and son. My son's birth father was still out of the picture.
    We thought to adopt but knew we would have obstacles. We needed a signature. My atty suggested we go for the name change first and the adoption would be easier. I located through his family where my ex was. I sent him a letter of my intentions to change his name. He objected immediately...saying I would take away his heritage. I then wrote back saying if he didn't go along with the name change that I will pursue back child support for all those years. he sent back a letter telling me he would sign the papers. he did, along with a sob story how much it hurt him.
    My atty did tell me if you cannot locate a biological parent...in a name change situation...a legal will be posted in the last known town and it will inform of the name change. he said the namechange will probably go through without his signature because he wasn't in his life.
    Also, I filed all the work myself saving lots of money. In the town clerks office and on line there are forms to get which you do yourself, representing yourself. Cost me under $100.00.
    The bottom line is...the judge will look at your case...see a deadbeat parent and side with you. If he is there or not!! These deadbeats do not want to go in front of a judge with proof they paid no child support or were not present in their day to day lives! Judges do listen and do take heart!!
    I say go for it any way you can.
    A name is an honor!!!
    Good luck!

  10. #10

    Default Re: Do I Need Permission From Father To Change a Child's Last Name

    I will add to previous.
    My son is now almost 21. We told him when we changed his name that we did...didn't tell him all the details until later....my son says he is glad we changed it. The name is family, and his birth father never bothered. So, a childs point of view....change the name!

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