How can I change my daughter's last name?

Question

I am getting remmaried and my exhusband has had nothing to do with my daughter since he left. No visitation (his choice) no phone calls or anything. REFUSES TO be in her life, but refuses to relinquish his last name from her. I just don't want to be a family of six with her being the outcast.

I live in virginia.

*NOTE*
For those of you asking if my daughter gets a say here's your answer. First of all, she is a child and I am the adult. Secondly, she does not want to keep her name, and seems to think my fiancee is not her daddy until we all share his name.

Answer 1

you have to have a lawyer go through a judge to do it

Answer 2

You could try what my niece did...
She was married and started divorce proceedings on her husband and moved in with a guy and got pregnant. When she had her daughter she was still legally married to the first guy and had to put her last name on the birth certificate. The divorce went through and she married the father of her baby and when she went to change her last name to his her Ex wouldn't sign the paperwork...so she said fine and the judge awarded her $600 a month in child support from him...he threw one heck of a fit saying the child wasn't his, so the judge asked him why he wouldn't sign the papers and if he refused to then he had to pay the child support. I'm happy to say her last name is the same as Daddy's!

Answer 3

you are correct to say you are the adult and she is only the child, you should have known about this when you first had sex with your daughter's father.. if you really care for your child.. go to her father and tell her you want him to give up his rights to the child and since you cannot remove the child support order that you will only ask the court for 1 dollar and that he gives up his rights and your husband adopt your daughter. since he feels he can be more responsible let him be the obligator of your daughter , your new husband.. the only one making your daughter an outcasts is you and maybe your husband.. it is only a name that does not make her less your daughter...don't duel on it too much.. your daughter is too young to make that decision, when she grows up she can change her name if she feels like it.. if your new husband treats her like an outcast then the problem is not your ex it is a problem for your new husand and you... i think your all your children share your blood line and they are all very special children but the child that has a different last name, i would treat her more special for the reason is she was born first.. i would tell the other children that each one of them shares your blood and that you love them all the same...let your daughter know that at least one time you loved her father but it did not work out..but that you will always love her cause she was your first born...

Answer 4

first off depending on the length of time your ex has had no contact then you can go to court and have him charged with abandonment once that is done then his rights are relinquished and then you are free to change her last name to whatever you want. my best friend did this with her daughter. the father there hadn't been in contact with them for three years and now the child has her last name. hope all goes well for you!!

Answer 5

You have to go to court. Its not too expensive, compared to other issues, and the process is fairly fast. Most times the results are a change of name; your ex will need a pretty good arguement to win and your arguement is a good one because it focuses on the childs best interest. Even if your ex participates in your childs life, this will not win the case. What will win the case is what is in the childs best interest.

Answer 6

You need the father's permission to change your daughter's name. Although you have sole custody, he still has rights.
Its always best to consult an attorney but here is some information that will help you and get you on your way.

If you want her name changed, your current husband will have to adopt her OR you will have to get her father to agree to the change.

Answer 7

I AM GOING THROUGH THE SAME THING KIND OF! MY SON IS 10 AND I HAVE BEEN MARRIED TO MY HUSBAND FOR A YEAR. MY EX-HUSBAND CHOOSES NOT TO BE IN MY SON'S LIFE. WHICH IS FINE WITH ME BECAUSE HE IS A HORRIBLE PERSON BUT MY HUSBAND NOW IS A GREAT MAN. I WOULD GO TO A LAWYER BECAUSE EACH STATE HAS DIFFERENT LAWS.I LIVE IN ARKANSAS AND HERE I HAD TO USE A LAWYER AND GO TO COURT, WHICH WE ARE WAITING FOR THE COURT DAT.THE LAWYER COULD HELP YOU WITH THE LAWS. I WISH YOU THE BEST OF LUCK!

Answer 8

i live in va too and you have to petition the court so you can disolve your exs rights to your child if he hasnt seen her and he has not paid any child support to help raise this child the judge will grant you a petition for a name change.if that doesnt work than sue him for back child support and strike a deal with him that either you pay the back child support or give up your rights to the child more than likely he will give up rights just so he doesnt have to pay out the money.goodluck to you and your child.

Answer 9

Can't you go to some office where they make the birth certificates and then chaneg the surname of the daughter, umm i heard its something you can change when they come to a certain age to change it. Like how you change the name of yourself when you get married etc

Answer 10

Proceedings to change a name are handled in the circuit courts of Virginia.See link below!

Answer 11

I would say talk to your local Department of children and families. They might be able to give you some more information about changing her name. But you might also want to talk to her and see if she wants the new last name.