Can I change my daughter's last name too?

[amyluvsrich]

What is the name of your state? Arizona

My daughter currently has my last name, has since she was born since her father didn't want her to have his last name. Now I am getting married in December and I will be changing my last name. I would like to change my daughter's last name too. Can I? What would I have to do?

I really don't know where to look for legal info like this, so thanks in advance for your help!

 

[tigger22472]

Has paternity been established? You will need bio-dad's permission to do this.

 

[amyluvsrich]

Her father is listed on the birth certificate, is that what you mean? When we seperated we didn't go through the courts or anything like that to establish child support or custody though...
How would he give his okay? Would he just have to sign a paper or would he have to go to the courts or something? He lives in Texas.

 

[tigger22472]

You would need to contact a family law attorney, yes this would have to be done through the courts. In most states signing the BC automatically establishes paternity. Seeing as she is a minor both parents would have to consent to the name change.

 

[I AM ALWAYS LIABLE]

What is the name of your state? Arizona

My daughter currently has my last name, has since she was born since her father didn't want her to have his last name. Now I am getting married in December and I will be changing my last name. I would like to change my daughter's last name too. Can I? What would I have to do?

I really don't know where to look for legal info like this, so thanks in advance for your help!

My response:

How old is your child?

None of your reasons, above, are relevant as to whether the court will allow you to change your daughter's name. The factors involved are only those that impact the child - - not you, the father, or anything else.

IAAL

 

[amyluvsrich]

My daughter is 7. I'm confused by your post though.

None of your reasons, above, are relevant as to whether the court will allow you to change your daughter's name. The factors involved are only those that impact the child - - not you, the father, or anything else.

Can you explain what you mean? The reason I would like to change her name is because 1. it'll be easier with schools and it is know to be hard on children who don't have the same last name as their parents. And 2. she is closer to my fiance and wants to share his name.

 

[tigger22472]

and it is know to be hard on children who don't have the same last name as their parents. .

How do you figure that? I've dealt with it for a long time and it makes no difference... schools are used to it as is society. If that is your argument it likely won't happen

 

[amyluvsrich]

That's just one reason... and I figure it because I've seen ti first hand. When my daughter was in day care and her father tried to pick her up he had a VERY hard time with the center because his last name didn't match hers, they had to call me to verify even though he was listed with the center as her father... and my father went through it as well when he was a child and didn't have the same last name as his mother... plus I've seen the difficulties it's created for other families as well... no, not all, but enough that I'd rather avoid that.
But the more important reason, in my eyes, is that my daughter WANTS to share my fiance's last name as well... she and I have been through a LOT and she now has a father figure that she loves and looks up to... we all want to be a complete family, name and all.
My fiance is willing to adopt her, and I believe her bio-father will allow it, but we don't have the money for that at this time. But we are keeping that as an option in the future.

 

[I AM ALWAYS LIABLE]

My daughter is 7. I'm confused by your post though.


Can you explain what you mean? The reason I would like to change her name is because 1. it'll be easier with schools and it is know to be hard on children who don't have the same last name as their parents. And 2. she is closer to my fiance and wants to share his name.

My response:

A judge will only consider "the best interests of the child". The factors the judge will consider in determining the child's best interest on the surname issue include:

• the length of time the child has used the existing surname;

• the length of time the child has been known by the existing name in the community, and whether there is a strong identification of the child by the current surname in the community;

• the effect of a name change on preservation of the child's relationship with the other parent; and

• an identification of the child as part of a family unit.

The judge will also ask how long your current relationship has existed with your fiance' to determine whether now, or at some other point in time, to change your child's name would be in your child's best interests.

You can file your child's "Petition for Name Change" on an ex-parte basis. That way, and if the judge is so inclined, the name change can be effectuated almost immediately - - that is, within a few weeks after the hearing.

IAAL

 

[amyluvsrich]

Thank you. May I ask, what is ex-parte?

 

[I AM ALWAYS LIABLE]

Thank you. May I ask, what is ex-parte?

My response:

No, you may not. If I told you, I'd have to harm you severely.

IAAL

 

[I AM ALWAYS LIABLE]

My further response:

No, no, no. Just kidding with you.

It means getting into court for a hearing on the matter "very quickly" - - e.g., no longer than a day or two after your Petition is filed.

IAAL

 

[amyluvsrich]

~laughs~ Thank you! You've been very helpful... and a little frightening too!

 

[I AM ALWAYS LIABLE]

~laughs~ Thank you! You've been very helpful... and a little frightening too!

My response:

"Frightening"?

Hell, if you think I'm "frightening", just wait until you have to face the judge to explain your relationship with your fiance' in miniscule detail, so he can determine whether your reasons for changing your daughter's name is "in the best interests of the child".

That's frightening, my dear. Especially when everybody in the courtroom, including those in the peanut gallery, are listening to you.

IAAL

 

[amyluvsrich]

~laughs~ I would hope that at least a judge wouldn't say he'd have to "harm me severely" ~laughs~

Thankfully I've been in court before and had to testify, so I think I remember what to expect... I also don't suffer from stage fright, and since I have nothing to hide, and truthfully DO think it would be in my daughter's best interest, I'm not too scared about the thought... I woudlnt' say I'm looking forward to it, but not afraid really.

How are things like this handled with the child generally? Would she be questioned in court, or more privately? All I remember as a child was being questioned privately about my adoption... that was scary enough, I can only imagine having to do it in a courtroom!