My daughter's biological father cannot see my daughter as he was arrested 3 years ago for child porn on the internet, so can I change her name to my new last name as I've recently married. My daughter is almost 3 years old and my new husband is looking into adopting her. Just want to know if we can change her last name to his name?

So why can he not see the child, restraining order, court took away his visitation?

I say since often even the worst criminal in the world often can get supervised visits at a state supervision facility ( we have them in Atlanta) and in some places it is though a counselors office. So often I have to ask why he can not visit.

And did they remove his parental rights ( not just stop visitation order)

But to make it easier if he will sign for the adoption or name change it makes it a lot easier and cheaper, if not, you have to prove to the court it is in the child's best interest ( not that it should be hard to do, but it requires more court action) and of course the bio father has a right to fight it in court

No, you can't change her name without the cooperation of her biodad, same for adoption, he has to agree.

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Originally Posted by shargray

My daughter's biological father cannot see my daughter as he was arrested 3 years ago for child porn on the internet, so can i change her name to my new last name as i've recently married. My daughter is almost 3 years old and my new husband is looking into adopting her. Just want to know if we can change her last name to his name?

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Its in my daughter's best interest that she does not see her biological father and never have anything to do with him. I would like her to know my husband has her father and not her biological father, I have social services involved and they reckon its in her best interest I protect her from such a criminal. I'm doing what's best for my daughter

Why separate the two actions? Have your husband go for the adoption. If the bio dad won't agree, you can probably get his objection overruled because of his conviction. Getting the adoption satisfies three things. It changes the child's name, terminates the bio father's rights and affirms your husband as their legal father. So why bother just going for a name change? You would still have to go to court, you would still have to deal with the bio father's objections, and you would have less of a chance to overrule them.

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Originally Posted by ScottGem

Why separate the two actions? Have your husband go for the adoption. If the bio dad won't agree, you can probably get his objection overruled because of his conviction. Getting the adoption satisfies three things. It changes the child's name, terminates the bio father's rights and affirms your husband as their legal father. So why bother just going for a name change? You would still have to go to court, you would still have to deal with the bio father's objections, and you would have less of a chance to overrule them.

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Myself and my husband will fight every corner to get my daughters name changed, don't care what it takes we will fight it as we don't want her knowing who her bio father is, as far as she concerned my husband is her daddy

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Originally Posted by shargray

Myself and my husband will fight every corner to get my daughters name changed, don't care what it takes we will fight it as we don't want her knowing who her bio father is, as far as she concerned my husband is her daddy

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I'm sorry but you are wrong In my opinion. You cannot and should not hide the fact that your husband is not her bio dad. Eventually that will come out and your daughter may become very angry with you for lying to her. I agree that at 3 she doesn't need to be told yet. But when she gets older, like 8 or 9 she should be told.

Don't get me wrong, I agree you should fight for your daughter's future. I think you will win, but you need to do it smart. Don't waste your time just asking the court for a name change. Go right for the adoption and you get everything at once.

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Originally Posted by ballengerb1

No, you can't change her name without the cooperation of her biodad, same for adoption, he has to agree.

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Either that, or the court has to over-rule his objection. But, in most places, the bio-father must be given notice of either legal proceeding.