[storm188]

If me and my Daughter's father wasn't married can I legally change her last name without his permission? He's an absent father,he doesn't pay child support and never comes to see her. I don't want her having his last name anymore! He doesn't deserve it!:mad:

[Fr_Chuck]

What have you done to help force the support, have you taken him back to court, has a garnishment of his wages been ordered, has child support enforcement been notified

This will depend on where you live, even what state if I the US.

I would assume he is on the birth certificate ( being married does not matter) and there is also a court order about custody

[sabrewolfe]

Only if the courts gave you sole legal custody of the child. Child support is a separate issue.

[storm188]

We went to court over child support over 2 months ago the judge said he was to pay $50 a month to the state and not to me cause me and my daughter have a medical card. And also told him he needed to find a job within 90 days (he still doesn't have one). I called the juvenile court and the child support agency there has not even been a court order filed yet for any of the two. I'm with a new guy now he's wonderful and we're thinking of getting married in the near future, and he wold like to adopt her when we do... ohi live in Ohio.

[sabrewolfe]

Well you shouldn't be affected by whether he pays the support order. He owes it to the state, not you and you have use of the medical card so that really has nothing to do with it. Custody orders and support orders are two separate issues. Not paying support does not affect custody rights. Your new husband cannot just adopt your child because he wants to. The child's father would have to give up his paternal rights, in which case if he does, he would not be liable for any child support.

[ScottGem]

The childs father would have to give up his paternal rights, in which case if he does, he would not be liable for any child support.

Not accurate. First, a court has to grant a TPR, the parent cannot just give up rights. Second, courts are very reluctant to grant TPRs, and they will never do so just to allow the parent out of paying support.

Remember this is the Family Law forum and your answers need to conform to prevailing law.

[storm188]

I'm really not worried about if I receive child support or not. Ijust want my daughters name changed to mine. And his name is on the birth certificate, and I stupidly gave her his last name which was a bad call on my part and my fault I'm in this posistion. And I know he'll fight me on this even though he has nothing to do with her, he last seen her over a month ago.

[ScottGem]

If me and my Daughter's father wasn't married can I legally change her last name without his permission? He's an absent father,he doesn't pay child support and never comes to see her. I don't want her having his last name anymore! He doesn't deserve it!:mad:

No, to legally change one's name requires a court order. To get such an order would require the father's permission.

As for him paying support, the support is going to the state to repay the state for what its laid out for you in medical costs. When he gets a job, the support order will be revisited and adjusted upwards according to his income.

However, the fact that you are planning on getting married does offer some hope here. After you are married you need to consult an attorney to petition for adoption. Part of that adoption will be getting the father to relinquish his rights. Clearing the way for an adoption is one of the few reasons that TPRs are granted. The father is likely to agree to this, since it lets him off the hook for support. Once a child is adopted, the adoptive parent takes on all rights AND responsibilities for the child.

[storm188]

I dearly appreciate you answering my questons your are helping out a lot! But I heard something that if I post in a few newspapers that I'm changing my daughter's name and he doesn't reply in the allotted time then the court will grant me the name change. Is this true?

[ScottGem]

I dearly appreciate you answering my questons your are helping out alot!! but i heard something that if i post in a few newspapers that im changing my daughter's name and he doesn't reply in the alotted time then the court will grant me the name change. Is this true?

Partially. If you do not know where he is or how to contact him, then you can try to serve him by posting an announcement in the Legal notices section of the newspaper(s). But if you know where he lives and how to contact him, which it appears you do, then that won't work.

[storm188]

Well crap... what if I secretly went to court and filed and they send an order to appear in court and he doesn't will they award me the name change... mind you there has been no custody hearing I forgot to mention it earlier.

[cdad]

well crap...what if i secretly went to court and filed and they send an order to appear in court and he doesn't will they award me the name change....mind you there has been no custody hearing i forgot to mention it earlier.

To secretly change a name could be parental kidnapping because your trying to hide the identity of the child from the known father. Not a good idea in any way.

[ScottGem]

Go to court and file for the name change. Make sure he is LEGALLY served with a summons. If he doesn't show up for the hearing then you win by default.

But I still don't understand why you don't wait until you are married and go for the adoption.

[storm188]

I'm not saying that I'm not going to wait till I'm married and go for adoption.. im just gathering information... knowing what I can and can't do. But I thank everybod for the help, you've been very helpful. THANKS!!