My child is 5 years old now. Her father's name is not on the birthcertificate. I had given her his last name but since he had denied the child is his in court, and is not paying child support either. He has left the state. I want to change her last name to mine. How can I do that? Do I need his consent? If so, why? Please advise me. Thanks.

Hello, if I cannot change my daughter's last name even though her father denied her in court and is not financially supporting , but because I had given her his last name, can I change her first and middle name then, without getting 'his' consent since his name is not in her birth certificate and I have total custody? Help please. Thank you.

You can't change the name in a legal fashion without notifying the father. You can use other names so long as its not to defraud but as far as the legal nameits what you named the child in the first place.

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Originally Posted by joriva

Hello, if I cannot change my daughter's last name eventhough her father denied her in court and is not financially supporting , but because I had given her his last name, can I change her first and middle name then, without getting 'his' consent since his name is not in her birth certificate and I have total custody? Help please. Thank you.

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He denied her in Court? I assume you are talking about a support Petition. Wasn't DNA testing done? Whether he denied her, whether he is supporting her, if he is the declared father you need his permisison.

Why? Because that's what the Law says.