Denied Permission to Change Child's Last Name

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

I was recently denied by a judge to have my daughters last name changed to include my last name, because I "did not provide enough proof that it would be in the best interest of the child". I am currently pregnant and the child I am carrying has the same father as the child whose name I want to change. I informed the judge that I would like for both of the children to carry on my maiden name as well as their fathers. I do not want to remove his last name, just simply add mine to theirs. We are not and have never been married and do not live together. We were in a relationship for about 5 years before we broke up at the end of 2012. I found out I was pregnant with our 2 daughter in January this year 2013. We have been having problems communicating since then, and are currently going through the legal battles of custody and visitation for our first child, and will have to do it again when the next child comes in a few more weeks. I'm feeling completely lost and hurt by the judges decision as well as the childs father. I explained to him before we went to court that if he would agree all we had to do was to go to the court and have the paper work signed and notarized and we could avoid court all together. He somehow feels that I will gain something monetarily by adding my last name to our daughters present name. I told him during that conversation that I have no intentions on gaining anything except to add my last name to our child and our new baby as well. I simply want both children to carry on my name as well as his. Well he still refused and we went to court. Is there anything else I can do to try and get this back to another judge or what I can do to explain to the current judge how important this is for me? I do not understand or know what other kind of proof I need to bring to a judge to show how it would be in the best interest for the child. Shouldn't not being a married couple count for something and having a child out of wedlock? Again I am just trying to ADD my last name NOT remove her fathers. I carried this child for 9 months and now 4 years later I want her to carry my last name, and I have to prove why????? I'm so hurt, please help!!

You've given a bunch of reasons why it's important to you, but you haven't named a single reason to show why the child's life will be improved. This is coming over as "I WANT", not as, "It is better for the child because...."

Thank you for you input. But I am still not understanding either way how her life will be "improved". She can pass on either parents last names to her own children in the future. If she marries she can choose to use both names along with her married last name or just her married name. Or she can get rid of both her parents last names and use one of her choice when she is of legal age to do so. I just don't get it.......confused.

Exactly.

It's not a question of it being in the child's best interest. It's not going to improve her circumstances. It's not going to solve a problem for her. It's not going to benefit her in any way. It's just going to make you happy.

That's why it was denied. You haven't provided any evidence that it is in her best interest - only that it's what you WANT.

What kind of evidence can I provide? Her father did not provide evidence to the judge the day we were in court, he just stated he didn't want to change it because that's what we both signed on her birth certificate.........still confused...lol did I miss something, how was that his supporting evidence by that statement?

Basically it comes down to this; if it were that important to you that she have both your names, you should have put them on the birth certificate initially.

What has CHANGED, FOR THE CHILD, to justify overturning it now? Why is your WANT more important?

Well I guess the "change" will be her new baby sister having a different last name than she does and I don't want her to be confused. Which is why I requested hers changed, she writes both our names when she writes her name on paper. She recognizes both names as her own. Just don't want her to be confused, & your right I should have put both names from the start. Lesson learned, never thought something so simple would turn into a major problem.

A child will not be confused about having a different last name as her sister if it is explained to her in simple terms; When you were born we gave you Daddy's name. When Janie was born we thought it would be nice to use Mommy's name too. But both Mommy and Daddy love you both.

In this age of blended families she won't be the only child in her class, by a long shot, who has siblings with different names.

You can put any name on the BC that you want.

This may sound harsh, but I don't care:

Give the new baby only your last name and not the father's name.

lol @ shortie my mother said the exact same thing.....well I thank you both 4 your input!