Name change of a minor and obtaining a passport

[mom6399]

What is the name of your state (only U.S. law)? Georgia

First, I am thankful to be posting 'technical questions'. I remain forever grateful for all of the advice, hard words and reality this forum provided in the past.

For several years, my daughter has refused to use her fathers name, even speak it. Her legal name is my last for middle, his last for hers. I would like to legally reverse the order of the middle and last names; as she is getting older (11 now) friends are noting the difference in her legal name she goes by in school and the name she states. Father has no visitation rights, I have full legal and custodial custody.

Is it possible to do this without his consent? I do not know where he is or how to contact him, other than going through his family, which would be a nightmare and potentially open a can of SNAKES. If not, she will just have to wait until she of legal age to do so. And yes, she is reminded on a weekly basis that even though he has not been a dad, he is still her father and that her name is what it is.

We are planning out of the country travel late 2011 and will need a passport. It is my understanding BOTH parents need to consent for a passport to be issued. But again, I do know how to 'directly' contact him to get this permission and based on past history, it would create a nightmare situation if I were to try to establish contact with him through his family or other means. Again, I have full legal and custodial custody and father has no visitation rights.

It has been almost 7 years since he has seen the child; he does currently pay child support to stay out of prison (but is in arrears...just a matter of time before the magic number rolls in and he is re-indicted). I'm not trying to by-pass a 'dad' here...just a complicated situation and I'd LOVE to be able to do these things without an attorney...

Thanks!

 

[ecmst12]

You can't change her name without a court order, and you can't get that without at least notifying him and giving him the chance to object. She's only 11, messing with her name is probably not really necessary at this point. When she is 18, she can change it herself if she still wants to, without anyone's permission.

As for the passport, I believe you CAN get that without his permission if you have court papers showing you have sole legal custody.

 

[Proserpina]

As for the passport, I believe you CAN get that without his permission if you have court papers showing you have sole legal custody.

Can absolutely confirm that

 

[SESmama]

One Parent
(with sole legal custody)
MUST:


Appear in person with the minor
Sign Form DS-11 in front of an Acceptance Agent
Submit primary evidence of sole authority to apply for the child with one of the following:

Minor's certified U.S. or foreign birth certificate listing only the applying parent
Consular Report of Birth Abroad (Form FS-240) or Certification of Birth Abroad (Form DS-1350) listing only the applying parent
Court order granting sole custody to the applying parent (unless child's travel is restricted by that order)
Adoption decree (if applying parents is sole adopting parent)
Court order specifically permitting applying parent's or guardian's travel with the child
Judicial declaration of incompetence of non-applying parent
Death certificate of non-applying parent
NOTE: If none of the above documentation is available, the applying parent must submit Form DS-3053 stating why the non-applying parent/guardian's consent cannot be obtained


See Minors Under Age 16

 

[Ohiogal]

The order must state SOLE custody though and not full custody.

 

[mistoffolees]

The order must state SOLE custody though and not full custody.

Yes, but some examiners will accept 'Full custody' if you fill out a Form DS-3053 with an explanation.