OK, here is my situation:
I am Married and have a Daughter from a previous relationship, in that previous relationship, we were not married so I gave my Daughter my maiden name. Well now since I am married I have a new last name and would like for her to have the same last name as me beacause I am having another child with my new husband and would like us all to have the same so she doesnt feel left out.Well her biological father is a bigtime A**hole and never see's her, never calls but he does pay child support. He doesnt like my new husband and I know that he would not give permission to change her name just out of spite. SO, How would I go about changing her name without him, or is there anyway I can trick him?I live in Florida btw.....
2006-12-11 05:54:43 · 9 answers · asked by ♥It's a boy♥ 3 in Family & Relationships ➔ Marriage & Divorce
None of these answers are true. You CAN change her last name if you have sole custody without the father. What this means...you were never married, and as long as there are no court papers that say you SHARE custody, you do not even have to notify him. It is not tricking him, because he does not even have to be involved. You do not need a lawyer for this, go to the county courthouse, and tell them you want to file for a name change. All together it will cost you about $250-$300. Your ex will still have to pay child support, your new hubby does not have to adopt. It is just a name change. The only thing that could happen is....your ex could get mad, and go file a for a court order and take you to court to change it to his last name, but he would have to pay a lot of money because he has to be awarded shared custody first, and it takes a long time, and the judge would look at the situation, and may side with you. Good luck. And by the way...I know this PERSONALLY, I went through the same exact thing.
2006-12-11 06:15:17 · answer #1 · answered by PROUD wife of a soldier in Iraq 2 · 0⤊ 0⤋
There is no way you can trick him because you could end up getting punished for it... the only way you can legally change her last name is if he has no rights to her at all.. but since he is paying child support he does... that means he would have to sign... I would just let well enough alone and let her keep the name she has..... As long as there is love from you and her new father she will not feel left out because it is not the last name that makes a family but the love that is shared within the house just remember that....
2006-12-11 06:00:34 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Even though he is not on the BC, you still might need his consent to change the name. Because the paperwork you would need is called a “request to change name of minor child”. And on that paperwork, it will ask who the mother and father are and who is consenting to this. And the paper asks if the other parent’s consent is required and you need to show proof that the other parent consented or was notified in some way. For us, we have a court order of the mother giving consent to changing the child’s name, so that works enough for us. But for you, you’ll need a court order issuing you permission to change the child’s name from THIS to THAT. And being that you’re going through court for your child with custody and visitation, I think you should bring this up then. We then had to call the Dept of Vital Statistics in the county to which my stepdaughter was born. I then had to request to amend the BC. I think it’s called an adjudication? And you fill that paperwork out and resubmit it. You will also have to pay a fee to make this happen. But just because you and the child’s father aren’t together anymore, in MY opinion, that’s not enough reason to change the child’s name again.
2016-05-23 05:53:43 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You are doing the right thing by moving forward and trying to include you child from a pass relationship. Give YOUR child your new name. Hopefully the new father will be willing to include this child as a part of his life with you. and when other children come alone they can easily build relationships as siblings. Don't mind your ex. he's not in the picture and he doesn't sound like he'll be a postive roll modle for his child any way.
Good Luck
2006-12-11 06:00:09 · answer #4 · answered by sadiebabe81 2 · 0⤊ 0⤋
How old is your daughter? If you feel she's old enough you may want to have a talk with her about this to see how she feels about this.
Then get a attorney to help you if you want to proceed with the name change. Her father does have rights. but since she didn't have his last name to begin with it shouldn't be a big deal. Good Luck.
2006-12-11 06:17:31 · answer #5 · answered by genuine1 3 · 0⤊ 0⤋
In order to change her name your new husband will have to adopt her. Therefore she will no longer be your ex's child (legally) . If you change her last name to your new husbands name you ex won't have to pay child support anymore.
2006-12-11 06:04:24 · answer #6 · answered by DEBBY'S BABY 4 · 0⤊ 0⤋
Florida is good at this sort of thing. You can petition the courts to change your daughters name to your new one.
2006-12-11 06:00:44 · answer #7 · answered by mayihelpyou 5 · 0⤊ 0⤋
get a family law attorney to sort it out
2006-12-11 05:56:22 · answer #8 · answered by Anonymous · 0⤊ 0⤋
go for it!
2006-12-11 06:19:32 · answer #9 · answered by Anonymous · 0⤊ 0⤋