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2007-02-09 15:49:00 · 12 answers · asked by c 1 in Pregnancy & Parenting Other - Pregnancy & Parenting

I want to remove her father's last name. She has both our last names and I don't want her to have his.

2007-02-09 15:54:09 · update #1

12 answers

Are you wanting to change it to or from the fathers name? Either way you should consult your local social security office for specifics.

2007-02-09 15:52:29 · answer #1 · answered by tylw85 4 · 0 0

She has to have her fathers last name whether you like it or not. What if one day she goes and dates some guy that turns out to be her own brother, but she wouldn't know, because their last names are different.

2007-02-09 15:57:35 · answer #2 · answered by *Beautiful Zephyr* 3 · 0 0

CHANGE OF NAME

SECTION 15-49-10. Application for change of name.
(A) A person who desires to change his name may petition, in writing, a family court judge in the appropriate circuit, setting forth the reason for the change, his age, his place of residence and birth, and the name by which he desires to be known.

(B) A parent who desires to change the name of his minor child may petition, in writing, a family court judge in the appropriate circuit. The other parent, if there is not one then the child, must be named as a party in the action unless waived by the court. The court shall appoint a guardian ad litem to represent the child. The court shall grant the petition if it finds that it is in the best interest of the child.

SECTION 15-49-20. Petition requirements for name change; notification; costs.
(A) A person who petitions the court for a name change must attach to the petition or have provided directly to the court and made a part of the record:

(1) the results of a fingerprint and criminal background check conducted by the State Law Enforcement Division;

(2) a screening statement from the Department of Social Services that indicates whether the person is listed on the department's Central Registry of Child Abuse and Neglect. If the person is listed on the registry and the court grants the petition for a name change, the clerk of court must notify the department of the change so that the department can accurately reflect the change in the Central Registry of Child Abuse and Neglect;

(3) an affidavit signed by the petitioner which provides whether the petitioner is under a court order to pay child support or alimony;

(4) a screening statement from the South Carolina Law Enforcement Division that indicates whether the person is listed on the division's sex offender registry. If the person is listed on the registry and the court grants the petition for a name change, the clerk of court must notify the division of the change so that the division can accurately reflect the change in the sex offender registry.

This subsection does not apply to a minor child where the parent is seeking a name change for the minor child pursuant to Section 15-49-10(B), to a person seeking to return to the person's maiden name or a former married name in an action for divorce, or to a person seeking to change his or her name as a result of the person's marriage.

(B) Prior to issuing an order for a name change, the court may conduct a hearing on the petition and may order the petitioner to be present.

(C) Following the hearing and upon considering the petition, the reason contained in the petition, and other documentation before the court, the judge must determine and grant or refuse the name change as the judge considers proper, having a due regard to the true interest of the petitioner and protection of the public.

(D) If a petitioner is found to have a criminal record as indicated by the background check and the court grants the petition for a name change, the clerk of court must notify the State Law Enforcement Division of the petitioner's new name. The division must make the appropriate changes to the petitioner's criminal record.

(E) If a petitioner is in custody of the Department of Corrections and the court grants the petition for a name change, the clerk of court must notify the department of the petitioner's new name. The department must make the appropriate changes to the petitioner's department record.

(F) All costs associated with the requirements of this section are the sole responsibility of the petitioner.

SECTION 15-49-30. Filing fee.
The filing fee provided in Section 8-21-310(11)(a) applies with respect to an action for change of name.

SECTION 15-49-40. Use of new name in legal proceedings; effect on pending proceedings.
The person so changing his name may thereafter sue and be sued, plead and be impleaded by his new name and no other. When an action shall be pending at the time of such change of name it shall not abate by the party's name being changed, but the record on motion shall be amended by expunging the old name and inserting the new name of the party.

SECTION 15-49-50. Effect of change on old obligations.
When a person changing his name is bound by obligation or otherwise, the effect of which obligation would extend to and impose any obligation on the heirs, executors or administrators of the person so having changed his name, such heirs, executors or administrators shall be and remain bound, to all intents and purposes, in the same manner and to the same extent as if the person had not changed his name.



I'm not sure what state your from but different states have different laws in my State of California you need to file it in court and have a good enough reason to why you want the change. E-mail me and I will let you know exactly what forms to fill out and file just let me know your state.

veronica1ramirez@yahoo.com

2007-02-09 16:45:57 · answer #3 · answered by Pretty me :) 3 · 0 1

You can't without his permission. And thank God. You should be ashamed of yourself. I don't know the guy, and for all I know, he could be the worse SOB on the planet, but he couldn't be much worse than you. For you to conduct a war with (I assume) your ex by using an innocent and unknowing child as a pawn tells me that you are clearly a self-centered degenerate, most likely an alcoholic or druggie, or suffering from mental illness, and clearly unfit to be a mother. Time to check in with a shrink or a rehab and get a new perspective on your situation. If you hate him, let it destroy you, but for God's sake, spare your child from being emotionally scared for life. Instead of spending all your emotional energy trying to devise ways of hurting the father by using your kid as a weapon and teaching her how to hate instead of how to love (which you have obviously never learned), take your kid to the park or the zoo or Disneyworld, and give her a chance at leading a life worth living. Loser.

2007-02-09 16:08:37 · answer #4 · answered by ? 3 · 0 1

The only way you can have this done...is if the father agrees ....than you and him will probably have to petition the court for him to surrender any claims he may have on this child....if he is paying child support...then this support would have to be relinquished and you will need to assume all cost of raising your child.....

If this is something that you want done..and he doesn't..and he is the father.....you may not be able to do anything about it......

2007-02-09 16:05:58 · answer #5 · answered by LeftField360 5 · 0 0

Is this your step child if so then the child's birth father would have to surrender his rights to his daughter if you adopted her then go through the court system and have it changed.But if the child is of legal age she may have it changed through the courts.

2007-02-09 15:55:27 · answer #6 · answered by llrager 2 · 0 0

If you manage to change her last name don't forget later on you should be honest and talk to her why was that decision made and the reasons you had to do so

2007-02-12 04:53:12 · answer #7 · answered by lanena 1 · 0 0

What exactly do you want to know? If the birth parent is on the birth certificate they would need to surrender all rights before you can do anything, if they won't then there is not a lot you can do.

2007-02-09 15:52:22 · answer #8 · answered by Kitikat 6 · 1 0

Has he terminated his parental rights? You can call your daughter by any last name you please, but legally, she will have his last name until he gives permission for the name to be changed.

2007-02-09 15:57:48 · answer #9 · answered by Aunt Bee 6 · 1 0

Go to your county courthouse, there are name change request forms. It is a legal proses and so not fast or cheap but it can be done.

2007-02-09 15:53:47 · answer #10 · answered by despairbear 2 · 0 0

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