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Changing a Child's Name After Her Father Passes Away

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  • 01-26-2014, 04:54 PM
    jay1017
    Changing a Child's Name After Her Father Passes Away
    My question involves name change laws in the State of: my daughter's father passed away 6 months after she was born in 2008. He never signed her birth certificate but i did give her his last name. his family has not seen or even asked about her in 4 years and they live in the same city as us. my daughter does recieve social security survivors benefits. my daughter is 6 now and i recently had a baby and i am getting married in march this year. i am changing my last name but i dont want her to feel different. should i change her last name as well. someone please help
  • 01-26-2014, 05:48 PM
    Dogmatique
    Re: Father Passed Away. Can I Change Her Last Name
    Assuming that you're in the US, you need to follow the requirements of your state. You really shouldn't have a problem.
  • 01-26-2014, 05:49 PM
    LawResearcherMissy
    Re: Father Passed Away. Can I Change Her Last Name
    Quote:

    should i change her last name as well.
    Should you? Well, that's a decision only you and she can make.

    Can you? Of course you can.

    But before you consider that, is your new husband interested in adopting her?
  • 01-30-2014, 01:47 PM
    jay1017
    Re: Father Passed Away. Can I Change Her Last Name
    i know that i can change it. she wants her last name to be my new marriage last name, she only know my fiance as her only father. i dont want her to feel left out i just dont know if that will be the best thing to do.
  • 01-30-2014, 01:54 PM
    adjusterjack
    Re: Father Passed Away. Can I Change Her Last Name
    What's best can only be decided between you and your soon to be husband.

    Talk to him about what he wants to do.

    If he's willing to adopt it's probably just as easy to get a step parent adoption through the court at this point as it is to just change the child's name.

    And, frankly, it's up to him whether the child carries his name, all you can do is ask.
  • 01-30-2014, 03:22 PM
    Dogmatique
    Re: Father Passed Away. Can I Change Her Last Name
    Quote:

    Quoting adjusterjack
    View Post
    What's best can only be decided between you and your soon to be husband.

    Talk to him about what he wants to do.

    If he's willing to adopt it's probably just as easy to get a step parent adoption through the court at this point as it is to just change the child's name.

    And, frankly, it's up to him whether the child carries his name, all you can do is ask.


    ....wha?

    Why is it up to him? :confused:
  • 01-30-2014, 03:31 PM
    CourtClerk
    Re: Father Passed Away. Can I Change Her Last Name
    Quote:

    Quoting jay1017
    View Post
    she only know my fiance as her only father.

    I have such a problem with this. She only knows your fiance as her father and you're OK with that, while taking the money that came from her REAL father. Why can't you tell her her father passed away?

    What happens if one day this girl needs a blood transfusion or something else happens and she finds out that her mother is a liar and the person YOU told her was her father really isn't? If you were able to sit in my position in a courtroom and see just how many children I have seen torn apart by finding these things out after YEARS of being lied to, you'd rethink your decision to tell her your boyfriend is her father.
  • 01-30-2014, 03:44 PM
    jay1017
    Re: Father Passed Away. Can I Change Her Last Name
    well he wants to change her last name but i dont know about fully adopting her, i still want her to know that she had a father.

    - - - Updated - - -

    no, no, no. she know about her real father, i told her and she knows everything, what i mean by she only knows him (MY FIANCE AS HER FATHER) IS THAT SHE CALLS HIM DADDY, SHE NEVER GOT TO CALL HER REAL FATHER DADDY. i want her to feel that she has a family and that we are all one, but she is aware that her dad passed away

    - - - Updated - - -

    i have pictures of her father in her room.
  • 01-30-2014, 03:48 PM
    CourtClerk
    Re: Father Passed Away. Can I Change Her Last Name
    Quote:

    Quoting jay1017
    View Post
    well he wants to change her last name but i dont know about fully adopting her,

    Because that would mean you lose the social security money and in the event your relationship doesn't work, he's on the hook for child support.

    Why don't you leave the baby the way she is. If she already knows of her real father, there's no sense in attempting to erase him.
  • 01-30-2014, 03:52 PM
    jay1017
    Re: Father Passed Away. Can I Change Her Last Name
    im not erasing him, she knows who he is. i dont want her to grow up and feel left out or feel different because we all have the same last name besides her. i want what is best for her. her real father never signed her birth certificate, not because he passed but becaused he simply didnt want to be involved in her life. 6 months later he passed away. his name is not on her birth certificate. i dont want her to think or feel that he did not love her.
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