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lwpat
lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25386
Experience:  Practicing family law attorney
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My ex girlfriend and I have a two year old daughter together.

Customer Question

My ex girlfriend and I have a two year old daughter together. She recently had me served to appear on a petition she filed to put her last name as our daughter's last name without a hyphen. Are there any precedents out there for not granting a name change to a child whose parents were never married, with the father still active in the child's life?
Submitted: 5 years ago.
Category: Family Law
Expert:  lwpat replied 5 years ago.
Thank you for your question and for using JA. Please click accept so I will receive credit from JA for my time.

You would need to file an answer in opposition to the petition. The court will not approve a name change where the father is in opposition to same. File you answer with the clerk of court and serve her with it. You will need to appear at the hearing. If there is no set custody order you can counterclaim for custody/visitation.
Customer: replied 5 years ago.
As the father, you're telling me the court will not grant the request to the mother just because I don't want our daughters name changed? Are you also telling me I can counterclaim in civil court for visitation? Where can I research this type of case?? What arguments are used in such cases not grant the change?
Expert:  lwpat replied 5 years ago.
As the father, you're telling me the court will not grant the request to the mother just because I don't want our daughters name changed?

That is correct where you are still active in the child's life.

Are you also telling me I can counterclaim in civil court for visitation?

In the family court you can file a petition to ask the court to set visitation and child support


Where can I research this type of case??

You can try
http://www.plol.org


What arguments are used in such cases not grant the change?

simply that it is not in the child's best interest and that this is just an attempt by the mother to alienate the child from the father.

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Customer: replied 5 years ago.
Is it sufficient enough to just say it is not in the best interest of the child.Won't there need to be an example? I personally think she didn't hyphenate her name so she could just drop my last name...I don't want her namw hypenated at all anyway. Do you think that is a plausible reason for her to not include a hyphen in the petition?
Expert:  lwpat replied 5 years ago.
You are now asking hypothetical questions about someone's motivations. I can answer legal questions but I have no idea as to motives. I have fully answered your original post. You do not need any examples but it always helps to have an attorney. Here is the listing

http://www.lawyer.com

An accept for my time is always appreciated and required for me to receive any credit from JA