Ask Me Help Desk - Father's rights

In 1994 my divorce was final and my daughter was 16 months old. Today she is 14. The past 7 years have been the worse for her dealing with her father. Once he went 2 years without talking to her, drug me to court, and won some visitation again. My daughter went into it with an open mind and open heart. And here we sit once again going back to court because he wants to drop his child support for lack of work. And once again he has gone almost a year with no contact whatsoever with my daughter. The last time she spoke to him he cussed her on Christmas Eve. She says she's done with him. She will be 15 next July and says she can't take anymore of his or his mothers screaming cussing rampages. Point is this, she wants to change her last name to the same as mine, which is my maiden name. As far as Birthdays, Christmas', Easter, etc. he doesn't send any cards, he doesn't call, no presents, it's as if the past 7 years he could care less if she is having a birthday or christmas.

Last month he filed a petition and had me served to have his child support dropped. Can he do that?

Can my daughter legally change her name without his consent?

In the original divorce decree I was awarded custody, control of the minor child with him only having visitation. He wanted the house, the boat, the car, the truck, etc. and I wanted my daughter and he signed her over. It was simple, he just wanted the material things.
I love my daughter and I want to do the right thing by her and I would love to share my maiden name with her.

Quote:

Originally Posted by Jewelryrepairprincess

In 1994 my divorce was final and my daughter was 16 months old. Today she is 14. The past 7 years have been the worse for her dealing with her father. Once he went 2 years without talking to her, drug me to court, and won some visitation again. My daughter went into it with an open mind and open heart. And here we sit once again going back to court because he wants to drop his child support for lack of work. And once again he has gone almost a year with no contact whatsoever with my daughter. The last time she spoke to him he cussed her on Christmas Eve. She says shes done with him. She will be 15 next July and says she can't take anymore of his or his mothers screaming cussing rampages. Point is this, she wants to change her last name to the same as mine, which is my maiden name. As far as Birthdays, Christmas', Easter, etc. he doesn't send any cards, he doesn't call, no presents, it's as if the past 7 years he could care less if she is having a birthday or christmas.

Last month he filed a petition and had me served to have his child support dropped. Can he do that?

Can my daughter legally change her name without his consent?

In the original divorce decree I was awarded custody, control of the minor child with him only having visitation. He wanted the house, the boat, the car, the truck, etc. and I wanted my daughter and he signed her over. It was simple, he just wanted the material things.
I love my daughter and I want to do the right thing by her and I would love to share my maiden name with her.

He can petition for lower/or no child support, whether he is successful is another matter. I doubt the court will grant him that permission. If you have a say and I am sure you will, don't budge, he can find work ! As to changing her name, I might be incorrect, but I think he has to give permission.

He cannot "drop" child support. It is possible that it could be lowered from the original amount if he is out of work, but he is going to have to be actively looking for work or be able to prove medically that he can't work. He will be responsible for child support... bottomline.

You will not be able to change her last name without his consent... well kind of. The easiest way, of course is to get his consent. If he will not agree, you can still petition for the name change and the judge will most likely listen to the wants of the child as well. But it is not definite that the judge will allow the name change.

She can use any name she wants as long as there is no intent to defraud. So if she wants to use your name she can, but her legal name would remain the same.