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    mechel's Avatar
    mechel Posts: 1, Reputation: 1
    New Member
     
    #1

    Apr 1, 2008, 10:09 AM
    Changing my child last name
    I have two kids by two different guys. My first daugther have her father last name but I would like to change it to mine. My reason is because I don't feel like he take care of her like he should. My daughter don't even call him daddy she calls sister father daddy because he do more for her them her real father ever did for her. It's like one min her want to be in her life and next min he don't so I am just sick of it and I just want to change her name and have him sign over his right because I feel like he don't do right by her. It really mess up but 2 week will pas and he would even call to see how she is doing or come and see her and he live 5 min away on the train.. so my question is do you think that I have a good reason for wanting her name change and for him to sign over his right?

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    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Apr 1, 2008, 11:15 AM
    Nope I don't think you have a good reason. More importantly, I don't think the courts will think you have a good reason. Getting a bio parents rights terminated is not an easy thing to get done, especially involuntarily. Now if you the father of the other daughter wanted to adopt that would increase your chances. But if you aren't married than that's unlikely to happen.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #3

    Apr 1, 2008, 08:18 PM
    OK-if I was a judge I would dismiss your petition because in my view you want to punish him "my reason is because i don't feel like he take care of her like he should. "
    I agree with Scott you do not have a good reason.
    nya's Avatar
    nya Posts: 55, Reputation: 8
    Junior Member
     
    #4

    Apr 1, 2008, 08:41 PM
    Hi Mechel,

    I don't think your reason for the name change is valid. I feel that you are acting on emotions alone and not a valid, legal reason for changing the child's name from her father's name to your maiden name. You will have to hire an attorney to change her last name and after you hire the attorney, you will go in front of the judge who will literally ask you, "Why do you want to change your daughter's name?" I don't think it will be granted. It seems as if you're going through something that a lot of women go through when they have one child whose father is taking care of his child and then you have another child whose father could care less. Although, its not fair to the child whose not being taken care of, you have to explain to the child that her father maybe busy or may not have as much time as the other child's father at this time. I don't think you should talk bad about the child's father but keep a positive attitude. And while I know it is hard to be positive when you know the child's father can do better, you never know one day he might just do better. I feel you shouldn't make comparisons between the fathers because that's when these negative thoughts probably start running through your mind. Everyone's life is different and we all come from different backgrounds. One day that child is going to grow up and will be able to voice to the father her own feelings about his behavior.
    macksmom's Avatar
    macksmom Posts: 1,787, Reputation: 152
    Ultra Member
     
    #5

    Apr 2, 2008, 08:21 AM
    A. You need consent from the father to change the child's last name

    B. you can't get him to relinquish his rights (even if he wants to) unless you are married and your spouse wants to adopt the child.

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