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  1. #1
    Join Date
    Jan 2014
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    6

    Default 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

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default 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.

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

    Default Re: Father Passed Away. Can I Change Her Last Name

    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?

  4. #4
    Join Date
    Jan 2014
    Posts
    6

    Default 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.

  5. #5
    Join Date
    Mar 2013
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    18,340

    Default 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.

  6. #6
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    Apr 2009
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    Somewhere near Canada
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    35,894

    Default 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?

  7. #7
    Join Date
    Mar 2013
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    18,340

    Default Re: Father Passed Away. Can I Change Her Last Name

    Quote Quoting Dogmatique
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    ....wha?

    Why is it up to him?
    Because if he says no, he can likely prevent it.

    And if she does it over his objections, it's likely to lead to marital strife.

  8. #8
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Father Passed Away. Can I Change Her Last Name

    Quote Quoting jay1017
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    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.

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