My question involves name change laws in the State of: Tennessee
I am the custodial father of my 15 year old daughter in the state of Tennessee. Her mother and I never married, and I have had total legal custody of her since birth. Her mother was supposed to pay child support, but never did. And, for the first few years the mother never made an effort to see our daughter or be involved.
Because of my living situation at the time, and the fact that the mother had matured, and was interacting with our child often, I allowed my daughter to go live with her mother when she was in elementary school. I intended to get her back, but health problems have created a living situation that prevents me from doing that. She has been living with her mother since then, but I get her for weekends and evenings often, and talk to her daily. The custody and child support issues were never legally changed from the original order, with me as the custodial parent, and the mother responsible for support.
My daughters mom has married. She wants my daughters name changed to her current husbands last name. I do NOT want this. She claims that my daughter is the one requesting it, because she "doesn't feel part of the family" there. I actually understand why she would feel that way. Her mother and stepfather have another child, and the stepfather doesn't treat his own child, and my daughter equally. (Actually, the mother also treats the newest child better than our daughter, too.)
My questions are:
1. would a judge allow the name change?
2. Would it change my parental rights?
3. If they take it to court, I'm sure the mother would want to change the physical custody legally. Would I be responsible for child support, even though the mother owes me for many years of past support?
4. Does the court change child support orders retroactively?
5. Any other advice for my situation?
Thanks so much for these wonderful forums. I truly appreciate the help with my situation. I love my daughter dearly, and want what is best for her. I just don't think that changing her name will make her feel more like part of the current family situation she is in.

