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I am wanting to know how I can change my daughters name. I…

Hi my name is...

Hi my name is ***** ***** I am wanting to know how I can change my daughters name. I have a beautiful daughter Kinley who is just over 3 1/2. I am getting married this December to a wonderful man who has been in my daughters life for the last 2 1/2 years and loves her as his own. We have also extended our family with the birth of a little boy last September. My daughter also has my last name not her biological fathers last name even though he is on the birth certificate. He doesn't want anything to do with her ( he has been in trouble with the law and has become a user of ice). We don't even have any contact details for him to ask for his consent. My question to you is how we can go about this without having his consent. Kinley is in a very stable and loving environment and often says she wants her little brother last name. She is also enrolled in Kindy as a Swifte which is my fiances last name. My Fiance and I both have our own businesses, me as a pedeactric occupational therapist and him as a nutricionist

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Queensland. Sorry I didn't finish before i sent this message

Lawyer's Assistant: Has anything been filed or reported?

Not yet. We are just wanting to see what needs to be done. I know that she can change her own name at twelve and can have a known as before that but it would be nice for all of us if we could do this now rather than later. The last time I was in contact with her father was when we got her a passport when she was 1 year old which he at first didn't want to sign for even though he has never wanted anything to do with her.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I did go to the police a couple of months after Kinley was born and a report was made as he was harassing and threatening me badly on the phone by text. I have kept a log all correspondense I have had with him before and after my daughter was born. I haven't heard from him in over 2 years.

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Answered in 6 minutes by:
1/23/2018
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 1,733
Experience: Principal Lawyer at Legal AU Pty Ltd
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Hi, my name is***** solicitor in Melbourne. Thank you for using Just Answer, and I will answer your question today, and ask various questions to narrow the issues in your post raised.

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Customer reply replied 29 days ago
Thankyou

you can change your daughters name by deed pole, however, consent of both parents will be required.

will the other parent agree to the change ?

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Customer reply replied 29 days ago
That is the problem. The last time we approached him which is for the passport he wasn't agreeable. We had to go another route to do that and he agreed in the end only because he had no choice. He doesn't ever want to be helpful mainly to spite me which is sad for Kinley. He has never applied for mediation or parental visits. Unfortunately Kinley's happiness is not his priority.
Customer reply replied 29 days ago
I wouldn't know where to start trying to find where he is either to contact him as the last mobile number I have for him has been disconnected.

ok

there is another option.

you can raise an application in the family court, this will be a lengthy process but it is achievable.

would you like to have a talk by telephone, I have sent you a special offer, please look, as it will help you

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Customer reply replied 29 days ago
Sorry I am at my mothers work with her and have to leave now as clients booked in. It is my mothers work email that we are corresponding on. The information you have given me is already what I have researched. I guess I was hoping for an easier route without the expense. As my daughter has my name and not her biological fathers I feel family court may be a can of worms I don't wish to open. Thankyou for your time.

you are welcome.

You can come back to this post any time to ask questions and there will be no further charges to you.

Don't for get to rate me for 5 stars as this will allow me to continue to answer your important questions.

John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 1,733
Experience: Principal Lawyer at Legal AU Pty Ltd
Verified
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