I've had a child with my ex, who hasn't been around adn is current;y in prison. I'm remairried and want to change my daughter's last name either to my husband's or my maiden. Does her father have to be present or give concent?
2007-03-11 14:37:32 · 12 answers · asked by lmbarker_02 1 in Pregnancy & Parenting ➔ Parenting
If he is on the birth cert. then yes he has to give concent to allow the new husband to adopt her that is the only way you can give her his last name. As far as giving her your last name i'm not sure about that but i do know that the court would have to do it, good luck
2007-03-11 16:01:48 · answer #1 · answered by Sunshine 5 · 0⤊ 0⤋
Well you need a court order for you to be able to change the childs name.. But why would you want to? The child is the offspring of your ex and regardless of if he's in prison-dead- or a drug addict is entitled to have his fathers last name. In order for you to change the childs last name to your current husbands your ex would have to sign away his rights in order for him to be adopted by this man. Now my question is..if you divorce this man would you change the childs name again? If your current isnt wanting to adopt either way the father would have to give consent
I have a daughter who will be 14 in a few weeks. She has not seen her father more then 40 minutes of her life and if they were in the same room due to his choice of wanting no contact with her she would not know who he was. But she was born a Davis and she'll stay that way.
2007-03-11 22:52:43 · answer #2 · answered by texas_angel_wattitude 6 · 0⤊ 1⤋
I'm not sure what your state laws are but where I live, yes, you have to have both parent's consent to change the surname of a minor child. I don't think he would have to physically be present, but he would have to have a notarized statement saying he consented to the name change. I would call your local family court office and ask. They can tell you what you need to do. Good luck.
2007-03-11 22:14:31 · answer #3 · answered by itsjustme 3 · 0⤊ 0⤋
Technically you are to have the biological father permission since you know he is the father. but depending on his prison term and the reason he is in there you may be able to have his rights revoked. You need a family attorney to help sort throught the details and it will be rather expensive. Good Luck.
2007-03-12 00:59:51 · answer #4 · answered by proud2btysmom 4 · 0⤊ 0⤋
Family Court, Lawyer, City Hall and Cash.
2007-03-11 21:43:23 · answer #5 · answered by SGT T 2 · 0⤊ 0⤋
In order to change your daughter's last name to your current husbands her father has to sign away all parental rights and then your current husband has to adopt her, this way the name change will be LEGAL because it will be placed on her birth certificate. If you want her to have your last name you only have to change it on her birth certificate.
2007-03-11 21:41:34 · answer #6 · answered by Anonymous · 0⤊ 1⤋
is he on the birth certificate? i'm assuming so since she has his last name. in most states, he would have to OK it..... if you want your husband to be whose last name she has, then he would have to adopt her. i would say call your local court house, and see what you need to do. if you want to change it to his name, then you might want to hire a lawyer, or talk to one to see exactly what needs to be done. all the laws are different depending on where you live
2007-03-11 21:45:43 · answer #7 · answered by ricleigh 3 · 0⤊ 0⤋
he doesnt have to be present but has to give consent. He might even have to give over any rights he has to the child also. You do have to go to court for the whole procedure too!
2007-03-11 21:43:12 · answer #8 · answered by pink9364 5 · 0⤊ 0⤋
Well, you have to get his permission to have the child adopted or go to court and see if they will change the name.
2007-03-11 21:41:08 · answer #9 · answered by Elizabeth L 5 · 0⤊ 0⤋
go to the ss office and change it to any name you want just changing it to your husbands name though does not mean that he has adopted her but you can change the name just go to the social security office
2007-03-11 21:42:58 · answer #10 · answered by julie b 1 · 0⤊ 1⤋