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

    Jun 8, 2008, 08:01 PM
    Changing my child's last name to mine
    I have sole legal custody of my child born out of wedlock, and I have petitioned an order to show cause for a last name change for my child. Her father is absent from her life, but he did sign the birth certificate. I am wondering if her father tries to fight in it court what is a good reason to tell the Judge as to why I should have my child's last name changed to mine? And also, do you think he will win the Judge's favor to not allow the name change? :confused:
    Gem_22205's Avatar
    Gem_22205 Posts: 976, Reputation: 129
    Senior Member
    		  
    #2

    Jun 8, 2008, 09:09 PM
    Knowing the state you are located in would allow for a more accurate answer being that each state differs on this subject. Without knowing, I can only lend the following:

    Certain questions asked:

    *Who has legal custody of the minor child. (Already established)
    *Another factor is with respect with the last name is whether there is a potential for embarrassment, alienation or confusion for the child.

    Once again, with laws and courts varying from state to state if a child's father is actively supporting him or her, and fulfilling his role as a parent, then a court will generally uphold the father's right to have his children carry his surname.

    Being that the father, in question, simply signed the birth certificate and went about his life
    Would possibly make your plea a bit easier to accomplish.

    Again, I would check your state laws governing this very important issue.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
    Ultra Member
    		  
    #3

    Jun 8, 2008, 09:21 PM
    That the father is absent from your child's life is the most important fact. Just curious: does he pay child support? Your outcome may depend on which judge hears the case; judges are not alike.
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