Thousands of verified Experts are ready to answer your specific questions 24/7.
Satisfaction is guaranteed and you pay your Expert only if you are satisfied.
Just type your detailed question and click "Get an Answer."
In minutes you'll get a response from an Expert. You can always ask follow-up questions.
Happy with your answer? Just click "Accept" to pay your Expert.
My daughter lives in South Carolina had 2 boys through the use of artificial insemination. One is now 4 and the other is 2. The donors signed papers to release any rights/obligations. However, she was in a same sex relationship at the time of their births and decided to use both their last names with a hyphen between. The two of them have now parted ways and she would like to remove the part of the last name following the hyphen (the last name of her former mate.) They had no legal connection or anything in writing concerning the boys and her former mate pays nothing toward their expenses. I know this must be filed in the court system, but exactly what does she need to do and with whom? Thanks!
State/Country relating to Question: South Carolina Already Tried: She talked to a lawyer there but got no satisfaction...he made it seem impossible and expensive. I've searched the internet over and can't find anything like this particular situation. I need your advice.
Please clarify if the other person legally adopted the children?Was the last name included in the children's birth certificates?Thanks
_______________________________________________
Please Note: My answer or reply is also limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.
No, the other person did not adopt the boys - she has no legal rights to them at all - they don't even see her anymore. The birth certificates do have her last name on them though because my daughter was told she could put whatever she wanted on the BC. The fathers are listed as either "unknown" or "artifically inseminated".
Thank you for your reply.Your daughter can petition the court for the name change. Since there is no legal father or adopted parent, she is not required to provide them with notice. Instead she would need to name the child as the other party to the name change petition and the court may appoint a guardian ad litem to address the issue of the name change. The court will grant the name change if it will serve the children's best interests. Given that the children have no relationship with the partner there would be no detriment in removing the hyphenated name.You can review the state statute which explains the process and what information the petition should contain the link below:http://www.scstatehouse.gov/code/t15c049.htmShe should be able to get the name change forms with the family court in the county she lives in. If they don't have them she can purchase those petition online such as legalzoom.com
Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.
Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.
Lawyer
Family, Juvenile Dependency, Criminal, Probate Just Answer Legal Mentor
How much should this process cost? And, who would be appointed as guardian for the boys? (I am their grandmother and closest kin, but I live in Georgia.)
THIS ANSWER IS LOCKED!You can view this answer by clicking here to Register or Login and paying $3. If you've already paid for this answer, simply Login.