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  1. #1

    Default Abuser's Last Name

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

    I was in an abusive marriage for 5 yrs and got out. I have now been divorced since june 07. I have never denied my daughters father his rights but he simply doesnt get involved in her life. I dont agree that he should have rights due to the abuse. Anyway I kept his last name after our divorce so that me and my daughter could have the last name. But I have reached a milestone in my life and am ready to move on. I think that changing me and my daughters last name would benifit both of us. She is very close with my parents and for us to have my maiden name would represent a tie to her family that loves and charises her rather than a father that has abandoned her. I dont have any contact with my ex her father. I dont have any numbers, addresses, anything to know where he lives or how to get in contact with him. Our divorce was done in Texas and I have the original decree. Im sure I could change my name back no problem but I dont want my daughter to feel any hurt feelings over it. What can I do?

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Abusers Last Name

    If it is okay with the father, you can change your daughter's name. Without his consent, the case becomes very difficult.

  3. #3
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Abusers Last Name

    What can I do?
    About your name, or hers?

    Changing her name will require consent from her father, and require proof that a change of name is in her best interests.

  4. #4

    Default Re: Abusers Last Name

    Quote Quoting amberjnorton
    View Post
    dont agree that he should have rights due to the abuse.
    You can petition for termination of his rights, but he retains rights, and the CHILD retains the right to the father's last name, until a court orders otherwise.

    But I have reached a milestone in my life and am ready to move on. I think that changing me and my daughters last name would benifit both of us.
    Milestones for YOU are vastly different than milestones for the child.

    She is very close with my parents and for us to have my maiden name would represent a tie to her family that loves and charises her rather than a father that has abandoned her.
    If she's already very close, the court isn't going to consider the name change to be of significant value to the child. ALL children grow up with last names different than half of their family, by default. The burden is on you to prove to the court that the change is important to such a magnitude that the court should hold it in HIGHER regard than the father's right for the child to have his last name.

    Im sure I could change my name back no problem
    Shouldn't be an issue for you, no.

  5. #5

    Default Re: Abuser's Last Name

    Thank you all for the replys. So basically I will get nowhere with changing her name without the fathers consent. What kind of consent do I need? Is there a form for him to fill out that I can bring to court with me? And since I have my divorce decree can I change my last name back to my maiden name without going to court?

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