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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19492
Experience:  B.A.; M.B.A.; J.D.
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My husband and I have had legal custody of a child 10 years

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My husband and I have had legal custody of a child for 10 years in AL through the court system and she would like her last name change. Can we change her name without adopting her? She was born in AL and right now we live in SC but our home is in TN. She is 14.

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

Question: My husband and I have had legal custody of a child for 10 years in AL through the court system and she would like her last name change. Can we change her name without adopting her? She was born in AL and right now we live in SC but our home is in TN. She is 14.

 

Response: Unfortunately, you cannot change her name without first adopting her.

See South Carolina Code of Laws Title 15 Chapter 49 Sections 15-49-10(B) and 15-49-20:

 

http://www.scstatehouse.gov/code/t15c049.htm

Customer: replied 6 years ago.
Can she petition for her name to be changed?

Can she petition for her name to be changed?

 

Response: No, she cannot. She is a minor.

Customer: replied 6 years ago.
Can her bio mother petition for the name change?

Can her bio mother petition for the name change?

Response: Yes, but she would need the consent of the father.

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