So I just went through my parental rights process, and I got primary residence of my daughter and also sole custody as long as her father is not participating in DHS required services. He has not tried to have contact with her at all. I want to know what my options are for changing her last name from his to mine. How much does it cost and do I have to get his permission to do it? He's a jerk and would never agree to it even if he never sees her. Before anyone gives me grief about wanting to change her last name because of her father, I have thought about it a lot and I have not yet made up my mind. It's just an option so please do not say Im being cruel to her father. Thank you
(she just turned 1 in October)
Just got her last name changed on March 29th. I didn't need a lawyer. It cost $75 to start the petition and $60 after the name change was granted for a new birth certificate. I went in prepared to say that the father hasn't seen her since August and never paid child support. The judge didn't really ask me why because her father didn't show up. The court put an ad in the paper for notification to him because I didn't know where he was. It was very nerve wracking but pretty simple. Im just happy that I did it, after all, no one from his family wishes to see her either.
I think you do have to get his permission. The reality is he is her father. Who knows what she will be asking you when she is older (like 18) why it was changed. Its more about her not him.
You have to petition the court in order to do a name change so there are filing fees involved, etc. You can check with your local courthouse.
That said, you will have to get permission from her father. He can certainly oppose it.
My daughter's father would not allow me to change her name either even though he was allowed no contact with her. His parental rights were not severed, so he could oppose it. I got around it quite easily by just changing her name on things anyway. Obviously her legal name was on her school records, but she was referred to by my last name and that's the name all her report cards, etc came in. Her insurance card had my last name on it and she was referred to by my last name at the doctor's office, etc. Of course, her birth certificate maintained her legal name. She was going to change it herself when she turned 18 but just never got around to it and still goes by both. Her legal name is on her driver's license, bank account, etc, but she goes by the other one.
Legally changing it is a formality. You can call her what you want.
In my case, my daughter was old enough to know she wanted the same last name as me so that's just what we did and it worked out fine. Her name was announced at graduations as my last name. She was old enough to know what she wanted.
It worked easily for us. She just kind of had two last names.
Best wishes.
You don't say how old your daughter is, but if she is old enough like over 4 I would let her decide if she wants to do that.
But here's what I found when I did a search
http://www.ehow.com/how_###-###-####_change-minor-child-s...
I know in Kansas he has to sign off his parental rights before a name change can be done. I would contact your attorney and ask them about the laws in your state.
In PA and WV the law on this is the same-not sure of your home state, but here goes-1. The parental rights of the estranged parent must be terminated, either by the parent signing off on it, or battling it out in court. 2. ZNot too sure about changing it to yur maiden name, but if it is to be changed to a step fathers, he must adopt her before a new birth certificate can be filed for.
Don't know about your state but it can be done without a consent of another parent.
You can go to courthouse, look for the department that deals with domestic issues and say that you want to file a petition "PRO SE" means you do not have an attorney.
Next, you will have to notify the ex, but if you do not know his whereabouts or it is not safe to contact him you can do that by publication (publish an article in the legal paper and that is available right at the courthouse), after some time period expires you will have to apear before the judge, state your case and if you are awarded with the judgment - you can go ahead with that paper and change the name in SS and other state official places, even get a new birth sertificate with a new name so by the time your baby goes to scholl - his name is nowhere to be seen or found!
If you do it yourself - cost around $250, if you use a lawyer add another $500-$1000.
There is no reason the child has to have a name of some fool that fathered it and not taking responsibility.
Good luck.
In Massachusetts, you need the other parent's permission unless his or her parental rights have been terminated or the other parent can't be located for a significant period of time (years). I don't think anyone would think that changing her name is selfish - your situation is precisely why I would recommend that anyone who is not married give her baby her own last name. You are raising her, she should be connected in name to you and your family, not some jerk who isn't around. My oldest son has my last name; my step-daughter had her mom's maiden name too when she was born.
In Massachusetts, it costs $165 to do a name change and you don't need an attorney. You just need to have the other parent's signature on the form notarized. I have heard of parents getting a name change without consent by having the other parent served notice and that parent ignores the summons or doesn't respond in time, in which case permission is granted by default. I don't know if that works in Maine or not. You should be able to go to any probate and family court and ask the clerk how to do it.
Once you have permission or get around permission, the change itself is fast and easy. My step-daughter's name has been changed twice and very rarely have we had to provide all of the documentation. It's only when her birth certificate is required (school enrollment, etc.) that we have to also gather up copies of the name change forms to track the difference between her current name and what's on her birth certificate.
Not being cruel just not legal to change her name without the fathers consent.
An attorney in your area is really who you need to ask.
