My niece is 8. When she was born her mother...?

Question

My niece is 8. When she was born her mother...?
gave her, her last name. Not my brothers. It's hard in school not having her cousins, or her fathers last name. That's why we want it changed. It is legal for a minor. And not a problem with her mothers consent. But for some reason her mother believes she has some rights to this child. I might add, she left the night before my nieces 2nd birthday, has been in and out of jail, and has never tried to contact her.

Answer 1

that is so sad. the same thing happened with my sister only not as complicated as that. if the father is the legal gardian then he can change the last name of the child. in a way it seems like the mother has no right over the child. if the mother still has rights then the father should fight to have the rights taken away from the mother. then after that is done change the name. (that is if the parents are not still together)

Answer 2

I think you are getting involved in a situation that is not your business. I think everyone needs to backoff here and allow the PARENTS to deal with it. Perhaps your brother should seek a lawyer who can give him practical advice. I am sure that the courts will not have a problem changing the name, especially if the mother is in and out of jail, and in and out of the childs life, and he can prove that it is his child and that the child should have his last name. If you continue to make a big deal of this then your niece WILL get a complex from it. It is only a name.

Answer 3

Because it is your niece you are talking about: The child's biological mother wants her to have her maiden name; I would advise keeping it this way.

The stress on society is greater than on the person (your niece). You wanting to change the name is worst for the family that has a lot of stress than leaving things the way they are.

Many times a hard headed person is best left alone (the mother); if she thinks that this problem is helpful - she will learn. When your niece is older, she can make the decision to change her name. TAKE YOUR OPINION AND EVERYTHING AND STAY OUT OF THIS CONFLICT.

Answer 4

anybody shows their being pregnant otherwise. i'm ill of being instructed how extensive i'm for 21wks! and all of the "twin" comments I keep getting (even nonetheless i've got had 2 scans and the two teach that there is definately purely a million toddler in there). i don't think of you're resentful of your niece in any respect.... i think of you're desperately in seek of approval out of your mom and dad, your father quite. This has not something to do consisting of your brother and sister-in-regulation and their toddler, and has each and every little thing to do with how your mom and dad have been treating you. include the start of your neice, bypass to and help out in case you are able to, this would teach your mom and dad you're waiting to be a mom and could teach your finished kinfolk what a super aunty you're! I actually have a son and that i admire my nieces and nephews - this is a diverse form of bond, yet an extremely specific connection none the fewer. Take the concentration off what your mom and dad would or won't be questioning, and start up specializing in being the best aunty you are going to be, and the best expectant mom you are going to be. Your father would in no way include your loved ones.... so which you will ought to create a loving and accepting ecosystem on your place and on your quickly to be kinfolk your self - not an ecosystem of envy and jealousy. i'm hoping you are able to flow far off from this carry your mom and dad needless to say have over you. good success!

Answer 5

this is a sad consequence of not waiting until your married to start having children. even if the mom had wanted her to have his last name it would have been in hers. even if a man acknowledges paternity. look at her birth certificate. she does have some rights she is the childs mother. if she is in and out of jail she probably feels like this is the only good thing she has done and she is trying to hold on. i hope your brother has learned his lesson and is a little more picky about his bed partners. Lots of people go by another name even if it is not their legal name. tell the school that her mother is out of the picture and the child is feeling very insecure and wants to go by the last name ____. her school records will still be in her legal name but she can still go by her fathers name. One day she will marry and take a new name anyway.
your brother might talk to a lawyer about changing her name. He may have to have a paternity test if he is not listed on the birth certificate.

Answer 6

Your only option is to have her mother declared unfit, in which case custody will go to your brother. Once he has sole custody, he can then apply to change her name legally. If your niece wants to, she can use your brothers last name for most things without legally changing it, It will only need to be her legal name on contracts and school records. Check with the school, they will probably honor her wishes and call her by your brothers last name.

Answer 7

does she still have legal rights to the child? if she doesn't there is nothing she can do. if she does and this issue is so important to u then u mite persue getting her legal rights taken away. u would have to hire an attorney and that could cost quite a bit of money. another thing u need to consider is what does the girl want to do? she may be only 8 but she does have an opionion on her life. good luck

Answer 8

That's a dilly of a pickle. You may want to see if the father can somehow legally get full custody - if he does, maybe then you will be able to change the last name without her consent.

Answer 9

Number it's not last names that makes people family (cousins) it's having the same bloodlines. As for the girl's mother she has a mother's rights to her child whether the rest of the family likes it or not.

Answer 10

Family isn't about a last name. You have made this little girl feel different because of the last name and didn't accept her as family You all should be a shamed of your self for making this little girl feel like an outsider because of a different last name.

and to address the second part of your question. Unless the courts have taken away the mother's parental rights, She has a say in what happens to her daughter.