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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31027
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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If my daughter's father is not listed on the birth

Customer Question

If my daughter's father is not listed on the birth certificate, we have no custody papers or anything, and she has my maiden name can I change her last name to my married last name? She doesn't like being the only one with a different last name in the house.
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

You could change the child's last name, but you would have to file a petition for your new husband to adopt the child and change her name. The only way a court is going to allow a name change is if there is a court proceeding where the father is notified and loses those rights either by choice (meaning that he voluntarily relinquishes those rights) or by a judicial determination that the father has abandoned the child and that an adoption is in the child's best interest.

Expert:  Roger replied 1 year ago.

Thus, even if he's not on the certificate, if he's presumed to be the father and if the child bears his last name, it would take a lawsuit against the father in order to change the child's last name......absent the father agreeing to it.

Customer: replied 1 year ago.
Can i just change her name without adoption? Just name change
Expert:  Roger replied 1 year ago.

You could try, but it still requires a court action and naming the father as a defendant in the case.....and a court isn't likely to do this unless there is an adoption being sought.

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