Cost of Legal Name Change for Both Myself and My Daughter

My question involves name change laws in the State of: Montana

Hello. I have been separated from my ex husband for 8 years and divorced since 2009. He signed off all parental rights to our daughter when she was 7 years old. She is now 11. I have decided to rid ourselves from my married name and my daughter wants to have her name changed as well. How much will it cost to revert back to my maiden name?

Thank you

Mel2ns

First thing I suggest you do is read your divorce decree. Divorce decrees often specify that you take your name back if you request it. If your decree says that then you don't have to do anything except provide notices to wherever you want it changed. Your decree would be the court order allowing you to do that.

If the decree is silent on maiden name, check out the following Montana government website and review all the forms and instructions about legally changing your name and your child's name.

http://courts.mt.gov/library/topic/name_chg.mcpx

I don't imagine that the court fee will be more than $100. You can call your local courthouse and ask. The forms packet includes a request to waive the fee if you can't afford it.

Changing the name of a child generally requires the consent of both parents.

You wrote that your ex signed away his parental rights. Well, unless there was a court order memorializing that event, you will have to get his consent on the form provided or publish notice of the hearing in the newspaper and ask for the name change by default if he doesn't respond.