I was searching the web for my daughters and found their last name had been changed to my exwifes current husbands last name., and I want to know how can I petiton for my daughter's name back to their rightful last name, because they have an trust fund and would not be able receive their inheritance.
2007-07-25 02:36:51 · 19 answers · asked by rckrjr 2 in Family & Relationships ➔ Marriage & Divorce
It depends on your custody. Even if she has custody, if you did not give up your rights as a father, then legally she can not change their names and let their step father adopt them. The only way she can legally do this is if you gave up your rights. If you did give up your rights, then there is nothing you can do. If you did not, then you need an attorney and go to the courthouse. It could be she is just using the new husbands last name for the daughters. My ex is doing that with his step daughters, but he is not legally their father or adopted them. Ask your ex first and see what she says. If she says she legally changed it, without your consent, contact an attorney.
2007-07-25 02:48:59 · answer #1 · answered by Lee B 3 · 0⤊ 0⤋
Apparently since you were 'searching' the web for your daughters then you haven't been a father to them. There are legal ways it could of have been done. First you need a lawyer. Then you have to find out if it was done legally or not. If it was done legal you will have a much harder time getting your name reinstated. Also depending on the age of the children, then they have a right to request that the name be changed to his name themselves, and most courts will grant that.And if the children requested it, it would be selfish of you to drag everyone in court over this. As far as the inheritance goes, all you have to do is notify whoever is in charge of the trust of the name change. Not a problem. My thought is that the fault is yours for not being a part of their lives, even if you would of have to fight with your ex in court to be a part of their lives, at least you could say you tried. Good luck on having a relationship with your children.
2007-07-25 03:06:02 · answer #2 · answered by carmeliasue 6 · 0⤊ 0⤋
My husband's ex-wife did this with their two kids. My husband didn't know until the kids were visiting and the seven year old blurted out they had a new "Secret" name! The ex was doing it to not only get the child support my husband was paying, but also to get State benefits under the new husbands name! It was a mess! But since she had done it completely illegally, the Judge saw it our way and the kids last name was changed back. As long as you haven't given up rights to your daughters and you are still their legal parent, she isn't allowed to change their name. The Judge that was over our case tore my husband's ex apart for what she did and made her pay our legal cost for having to petition and hire and attorney for the case.
2007-07-25 02:57:10 · answer #3 · answered by Aimee 4 · 0⤊ 0⤋
Contact a lawyer immediately. I'm not sure where you are located but in the state of Ohio-if the biological father has had no contact with the child for more than 12 months-the child's last name can absolutely be changed without your consent.
2007-07-25 05:51:32 · answer #4 · answered by stacilynn26 3 · 0⤊ 0⤋
First of all, she hasn't LEGALLY changed the child's last name unless you gave consent for the new husband to adopt the child. If you did, you're out of luck. If you didn't, your daughter's last name is still LEGALLY your last name.
It is not correct, however, that the daughter couldn't collect the inheritance if her last name was different. She could, but since her name hasn't legally been changed, there's no issue.
2007-07-25 02:42:13 · answer #5 · answered by Christie 4 · 1⤊ 0⤋
Did the new man legally adopt your children? If so there is nothing you can do except change the trust fund to match their new last names. How could this happen without your knowledge and permission? What country are you in?
2007-07-28 22:19:42 · answer #6 · answered by bsharpbflatbnatural 5 · 0⤊ 0⤋
Well, have you talked to her? It seems she would care a great deal if her child couldn't get a trust fund ... for the love of your child, you ought to make preparations for her to get it, even though your wife changed her name.
If you were looking them up online, you don't seem super involved. If the new man is a good man, it might best for your child to grow up that way ... I don't know if you can put her first in your mind, because I know how it must hurt to have her name changed, but consider that it would have changed when she got married anyways.
Good luck, I know divorce and custody issues are terrible!
2007-07-25 02:56:34 · answer #7 · answered by Random_Girl 3 · 0⤊ 0⤋
If you have never signed over your rights, and still have some type of visitation with your children, then legally she cant do so with out your consent, though if your name wasnt on the birth certificate then you might have a problem, but how come you havent been in your childrens lives.
2007-07-25 02:57:19 · answer #8 · answered by Just Wondering 3 · 0⤊ 0⤋
If you are that estranged that you have to look them up on the Internet , they are probably better off with a new male role model in their lives . Legally she cannot change their names but for the kids themselves it is better to have the same name as others in the family .
Are you paying child support regularly ? I bet you don't .
2007-07-25 03:10:07 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Seek legal advice. I was under the impression that could happen if you gave up all rights to your child and the new husband adopted the child. Double Check.
2007-07-25 04:49:51 · answer #10 · answered by xjaz1 5 · 0⤊ 0⤋