I have been divorced from my daughters biological father since she was 1 she is now 6 years old. When divorced we decided on joint custody. I have since re-married, & my new husband has been her father figure since she was 1. I have never tried to keep her bio father from her, he has CHOSEN to have no contact with her, her doesn't try to contact her on her birthday, Christmas, Easter & so on, he never has! I went to family court for child support 4 years ago & he has made 1 yes only 1 payment! Lately my daughter has been asking to have the same last name as me & my husband & she gets upset. Can't I hyphenate her name so she does have the same name or even change it, her bio father is missing in action & wants nothing to do with her! Do I have to have his consent? If I could find him, I doubt he would consent just due to pride. What can I legally do in the state of New York?

As long as on legal documents you use her real legal name, you can call her by whatever you want. Even for school you just have to inform them that she will be going by another name for all other purposed other than official documents.

First how many times have you went back to enforce the child support, and have you turned it over to the state child support enforcement department. There are often procedures if the one parent cannot be found, your first stop would be the county clerk office and find the filing procedure for them, and exactly what document you have to have.

I am a mother of an adopted child and I too am divorced. I have tossed it around plenty of times whether to change my daughters last name. I have spoken to many social workers etc... they all feel if I change my daughters name I will be changing her identity, and who she is. Meaning she was born with that name and it should stay that name.. Now if and when she is old enough to realize that we have different last names and she wants to have my last name then it is different. Just think about it... it took me some time with this one but I do now believe that not changing her name was the right choice. Good Luck