Mother Objects to Name Change

[citrofam1]

This is a question from Massachusetts.

My husband has a 12 year-old daughter with his ex and after his malicious ex alienating the child from him for 10 years, he finally began fighting for his rights a couple of years ago. He got a paternity test that proved he was the bio father. The child's birth cert. has been changed to reflect that. They've been seeing each other through regular visitation for a year and-a-half and they've bonded well. She has a sister who she's bonded with as well (our 9 year-old daughter).

Would he be able to have his daughter's last name legally changed to his, even if his ex disapproves (out of spite)?

[jk]

generally when a name change is granted by the courts, it must be shown it is in the best interest of the child. From your description, I would think mom has physical custody. As such, you can just about guarantee that the courts will not allow a name change.