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Changing My Daughter's Last Name

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  • 04-25-2008, 07:06 PM
    Mia01
    Changing My Daughter's Last Name
    I would like to change my daugters last name, she is 3, I have a restraining order against her father at this time, there are domestic abuses issues, I am not looking for any child support or anything from him. I doubt that he would be willing to consent to a name change for her just to spite me. Would he NEED to be notified about the name change? Are children name changes something that is fairly easy to get? I don't even know where to begin with this. At this time there is no communication between him and I and there is no support or visitation.
  • 04-25-2008, 07:38 PM
    Baystategirl
    Re: Changing My Daughters Last Name
    Why do you think it's in your daughters best interest to have her named changed?

    And yes. The father would have to be notified of the court proceedings. He is her father and has a right to state his objection to the change.
  • 04-29-2008, 05:55 AM
    Mia01
    Re: Changing My Daughters Last Name
    I think it would be in her best interest because there is nothing good coming from him, he and I do not have anything to do with each other. We parted ways and I wanted to remain friends for my daughters sake, however he decided to put me in the hospital, that is why the restraining order is in place. My daughter lives with me and I take care of everything, since she is still young i thought that it would be best to make the change now!!!
  • 04-29-2008, 06:03 AM
    CourtClerk
    Re: Changing My Daughters Last Name
    The father of the child MUST be notified and he has the right to contest it. If he in fact does contest, you have said absolutely nothing that is legally compelling enough to warrant a name change.
  • 04-29-2008, 08:30 AM
    Mia01
    Re: Changing My Daughters Last Name
    And what would be leagally compelling in this case, since he is not around and has not been and I AM and have been the sole provider for my child, he does nothing to assist and I dont want any assistance from him.
  • 04-29-2008, 09:25 AM
    Baystategirl
    Re: Changing My Daughters Last Name
    Quote:

    Quoting Mia01
    View Post
    And what would be leagally compelling in this case, since he is not around and has not been and I AM and have been the sole provider for my child, he does nothing to assist and I dont want any assistance from him.

    So you are making the unilateral decision for your child to not pursue support? Do you think it is fair to your daughter to not have her father support her? How is that in her best interest?

    And you have given no compelling reason why a name change is in your DAUGHTERS best interest. What YOU want and what is good for YOU is not relevant.
  • 04-29-2008, 09:35 AM
    CourtClerk
    Re: Changing My Daughters Last Name
    Your response is completely emotional as opposed to being legal. What you do as your child's mother is your responsibility.

    As Bay has stated, why is it in your DAUGHTER'S best interest to have her name changed? Do you think that somehow changing her name removes her father out of her life? No matter what her name is, he is still her father and if he objects, her name will continue to be what it is.

    You state that he pays no support, however, you have not made him legally obligated to do so, and until that happens, he's not required to.
  • 04-29-2008, 11:06 AM
    Mia01
    Re: Changing My Daughter's Last Name
    Yes I think it is fair, I have been the one doing everything and We dont need him finacially, I dont want him legally responsible. If i didnt feel she would be in danger with him in her life I would not bother doing any of this!!! He will not grant or consent me anything just to spite me for pressing charges against him I know he is still her father regardless of what i do, but the decisions I am making now I feel are definitley in her best interest, if she decides he wants things different in the future those will be her choices as an adult and I will support anything she wants, but right now I make the decisions i fell best.
    But since I am just emotional and not legal then it is pointless to pursue!!!!
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