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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I have a 12 year old girl that wants to get her last name

Customer Question

I have a 12 year old girl that wants to get her last name changed from her father's last name to my last name. How do I go about this? He doesn't want her name changed.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Does the father AGREE to the change, disagree, or, you do not know what his position is?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
Expert:  Ely replied 1 year ago.

Thank you.

One has to file a petition for name change of a minor. See HERE for instruction on how to do so. The only thing is that the website in the link assumes this to be an "agreed" petition. One may have to change some verbiage in petition.

The other party has to be SERVED with the petition as well. He can simply not show up (name change likely granted automatically), or, challenge the petition. If so, see below.

Once the petition is filed and served, eventually, there is a hearing. At this point, the Judge makes a decision "in the best interest of the child," which leaves a lot of discretion to the Judge. Often, the Judge will want to know whether or not the other parent is in the life of the child.

Using counsel is not required, but is recommended.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.

Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question. I am simply touching base. Let me know. Thanks!