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I am wanting to change my daughter last name to my current…

Customer Question
I am wanting to...

I am wanting to change my daughter last name to my current married name. Her biological father is not present on her birth certificate. Will a judge Grant het name change to my previous one even if it's not my maiden name. We live in florida

Lawyer's Assistant: Have you talked to a lawyer yet?

Not yet. Her biological dad is in prison but he has not seen her since birth and had not contacted her ever. She is twelve and he is currently doing 15 years for sexual lewd acts with minor between 12-15

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

Just want to make sure het last name could be change to my married name if she had no dad on her birth certificate

Submitted: 8 months ago.Category: Family Law
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Answered in 2 minutes by:
9/29/2017
Family Lawyer: JD 1992, Lawyer replied 8 months ago
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
Experience: Began practicing Family Law in 1992
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

If you receive a notice or email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the notice or email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

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Family Lawyer: JD 1992, Lawyer replied 8 months ago

The judge is still going to ask you about the father and likely insist that you serve him with a copy of the paperwork since that is what the rules require. However, even if that happens the judge is still likely to change her name under the facts you describe.

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Customer reply replied 8 months ago
i will still have to serve him in prison even though he is not present on her birth certificate? Also would she be able to revive the name I received at marriage or will she have to use my maiden mange
Family Lawyer: JD 1992, Lawyer replied 8 months ago

Yes, his name being on the birth certificate shouldn't make a difference.

If the judge allows a name change, and again I think he will, then he will let you choose the name she gets.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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Customer reply replied 8 months ago
Just to be sure my husband does not have to go through adopting her in order for her to receive the last name we share?
Family Lawyer: JD 1992, Lawyer replied 8 months ago

No, he wouldn't.

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Customer reply replied 8 months ago
Also as long as i send the form to him for signing whether he signs it or not it should be granted
Family Lawyer: JD 1992, Lawyer replied 8 months ago

I wouldn't say it should be granted, I'd say I think the judge will grant it. Should indicates there is something that makes the judge grant the request and that's not the case. However, mist judges will recognize that you're providing all the care for her and thus rule in your favor.

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Customer reply replied 8 months ago
Thank you very much
Family Lawyer: JD 1992, Lawyer replied 8 months ago

You're very welcome.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

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Satisfied Customers: 34,389
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Experience: Began practicing Family Law in 1992

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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