Name change for Minor

[deede002]

What is the name of your state? AL
My daughter is 8yrs old and is asking me to change her last name to my married last name. I remarried when she was 3 yrs old. She wants to have the same last name as her step-dad, mom, and her step-siblings. We all live together. Her birth father lives in FL and has not had any contact with her since she was 2yrs old. He does not pay support either. He is refusing to consent to a name change. He is not giving me a reason either. I have tried to explain to him that she feels like she is an outsider because her name is different and that this is something that she wants. She calls her step father her daddy and calls her birth father her ex-dad. Can I still get her name changed without his consent? Any advice would be helpful.

[CJane]

Originally Posted by deede002

calls her birth father her ex-dad

Very nice.

What orders are in place? Are there CS or visitation orders? Who moved away? Where are the original orders?

Does your husband wish to adopt your daughter, or just have the same last name as her? You do know they're not the same thing, yes?

[deede002]

I had already moved to AL before we were divorced. I filed the divorce in FL. The only custody order is listed as "mutally agreed visitation". There is no set schedule. He does not try to visit or contact her at all. My husband would like to adopt my daughter, but her birth father already told me he will not consent to it. We do know that changing her last name will not be the same as adoption.