Remarried parent with joint custody, child lives with mother can their name be changed w/o father's consent?
father just pays child support. chooses not to visit with child. father has remarried and treats child like a bill that has to be paid. Bio father has no relationship with child. child wants step father's name.
Joint custody…no consent… the simple answer is no.
However, If the bio father really thinks of the child as one of the bills and the step father is willing to be the father in all the ways that matter. It seems an easily negotiated solution.
But don't expect to do this and continue to cash the check. Plan to take the responsibility away along with the name.
April 19th, 2006 at 7:50 pm
no.. my cousin tried to do the same thing and they had to ask my uncle
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April 19th, 2006 at 7:50 pm
I think the new parent has to adopt the child, legally and then you can change the name. Also, the biological father has to give up his parental rights.
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April 19th, 2006 at 7:54 pm
I think it depends where your from, in Australia you have to prove that the biological father has no contact then you have to change the child's name at schools, doctors etc then wait 2 years before you can do it legally.
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I Have two friends that have done it this way.
April 19th, 2006 at 7:58 pm
Joint custody…no consent… the simple answer is no.
However, If the bio father really thinks of the child as one of the bills and the step father is willing to be the father in all the ways that matter. It seems an easily negotiated solution.
But don't expect to do this and continue to cash the check. Plan to take the responsibility away along with the name.
References :
April 19th, 2006 at 8:30 pm
NO you cannot legally change your child's name without his/her bio father's permission, especially with joint custody. Be thankful he is paying child support and explain to your child that when they are an adult, if they still want to change their last name to your new husband's they can do so at that time through the courts. And if he is that cruel not to acknowledge your child be thankful he does not visit, and that you have a husband that will love your child as his own.
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April 21st, 2006 at 4:17 pm
I just looked this up myself because my daughter wants to have the same last name as everyone else in the house. Some states base name change on what a child wants and lets that be a deciding factor. Also if the father can be documented as not having a relationship with the child the courts will take that into consideration. I would contact a lawyer for a free consultation and see what the regulations are in your state. Good Luck
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