Check out some similar questions!

Gimme999 · Jul 19, 2007, 05:41 AM

Hello! I have a problem!

My daughter is approaching 6, and I am registering her for Kindergarten this year. When I had her I gave her my maiden name. Her father was non-existant and has dissappeared. She has not seen him, nor have I, for over 5 years. I do not know where he is, nor do I care to find him. I never let him sign her birth certificate, his name is not on it, and did not give her his last name. On paper, he is non existent.

My issue now is, I am now married and Iwant to change her last name to my married name. I do not in any way want to look for him, because I know him and KNOW he will fight me just because he knows it is something I want. No other reason but to cause me pain. I want to know if anyone knows of any way I can change her name on paper. My husband and I will deal with the legal adoption later, but for registration for kindergarten, and on paper, we would like to give her our family name. She does not know anything about the situation, and until she can comprehend, I do not want to dig up something I am not willing to put her though.

I only want to change the name at this point! Any advice. I live in Broward County, Florida.

PLEASE HELP!!

ScottGem · Jul 19, 2007, 05:55 AM

You can use any name you want as long as there is no intent to defraud. You can take her to register for school with the birth certificate and explain to them that you have remarried and you want her to be known as Mary Smith, not Mary Jones. The school should go along with this request. Officially she well still be Mary Jones, but the school records will be in the name of Mary Smith.

If, however, you want to formally change her name, then your husband meeds to formally adopt her. You will have to file for adoption in Family Court. This will mean making a good faith effort to contact the bio father so he can relinquish his rights.

Gimme999 · Jul 19, 2007, 10:20 AM

I called the school and they told me "We have to go by what is on the birth certificate"... and they were not very nice.

I can not just change her name without the adoption process? I am her mother, I have custody of her... and want her name changed that's all?

Let me ask you this... What if I did not know who the father was..? What if I went on vacation to Egypt and got pregnant (lol) and I just didn't know or I was with a bunch of people... For curiosity's sake... what would happen then? I am SURE that this has happened. I've seen too many episodes of Maury Povich and the "I dont know who my baby's daddy is"...

Thanks... any advice helps!

PixieMama · Jul 19, 2007, 10:36 AM

Hi! I'm in Broward County too.

Go down to the court house in Fort Lauderdale. Tell them you need forms to do a name change. It shouldn't be that hard but will probably cost a couple hundred bucks. A clerk of the court will be able to give you more answers. I know that when I was there one time filing papers for something I noticed that name change forms were in folders on the wall. Another thing you could do is contact a family law attorney and see about having them file those papers for you.

ScottGem · Jul 19, 2007, 11:04 AM

I'm surprised the school is taken such a hard line. Ask them what law or written rule requires them to use the because name? As I said, as I understand US law a person can legally use any name they want as long as there is no intent to defraud. For example I couldn't call myself Tom Cruise, but I could call myself Tom Smith.

By the same token, to legally change a name HAS to go through a court. A because is an official legal document and can't be changed on whim.

As for claiming to not know who or where the father is, you would be committing perjury if you swore to that in court.

Gimme999 · Jul 24, 2007, 05:47 AM

Originally Posted by PixieMama

Hi! I'm in Broward County too.

Go down to the court house in Fort Lauderdale. Tell them you need forms to do a name change. It shouldn't be that hard but will probably cost a couple hundred bucks. A clerk of the court will be able to give you more answers. I know that when I was there one time filing papers for something I noticed that name change forms were in folders on the wall. Another thing you could do is contact a family law attorney and see about having them file those papers for you.

If I go to the courthouse, the forms ask for a father's name... then what?

Gimme999 · Jul 24, 2007, 05:49 AM

Originally Posted by ScottGem

I'm surprised the school is taken such a hard line. Ask them what law or written rule requires them to use the b/c name? As I said, as I understand US law a person can legally use any name they want as long as there is no intent to defraud. For example I couldn't call myself Tom Cruise, but I could call myself Tom Smith.

By the same token, to legally change a name HAS to go through a court. A b/c is an official legal document and can't be changed on whim.

As for claiming to not know who or where the father is, you would be committing perjury if you swore to that in court.

I do not know where he is... so I'm not lying about that. What do I have to do to prove abandonment to get his rights revoked... and how do I go about it? I know I can post artices in the newspaper... How do I word that and do I have to give my # and address?? What exactly should the article say? Also, how long do I have to leave it posted, what is acceptable to the courts?

So say I post these articles, and he does not respond over 30 days? What's my next step?

Thanks for you helP!

bushg · Jul 24, 2007, 06:11 AM

As scottgem said you should be able to use whatever name you want in school. I am in Ohio and I did with my son. He is a senior this year.. never no problems. Even When we moved to ky, and they can get screwy with their opinions. Btw I am married to his dad he just has my maiden name. As for the officially changing the name it is best to call or better yet to go in person to the clerk of courts to ask questions and see what you need to do.

ScottGem · Jul 24, 2007, 06:26 AM

Again, I suggest you go back to the school and ask them to justify their stand. Officially, they have to use the because. But they can put whatever name you want on all the other paperwork.

If you want to do it legally, get an attorney.

bushg · Jul 24, 2007, 06:36 AM

Originally Posted by Gimme999

I do not know where he is............so I'm not lying about that. What do I have to do to prove abandonment to get his rights revoked.....and how do I go about it? I know I can post artices in the newspaper.............How do I word that and do I have to give my # and address????? What exactly should the article say? Also, how long do I have to leave it posted, what is acceptable to the courts?

So say I post these articles, and he does not respond over 30 days? What's my next step?

Thanks for you helP!

I am assuming no paternity test was ever done with your daughter and her dad. In this case the courts would probably address him as John Doe in the newspaper. I think it is up to the courts to do the article in the newspaper. My in-laws took their grandson from their daughter and that is how the courts stated it in the news papers because there was no father on the birth certificate and she was not 100 percent sure who the dad was although she had an idea. Also 1 of the potential fathers was in prison.

lency4 · Jul 24, 2007, 09:34 PM

Originally Posted by Gimme999

Hello! I have a problem!

My daughter is approaching 6, and I am registering her for Kindergarten this year. When I had her I gave her my maiden name. Her father was non-existant and has dissappeared. She has not seen him, nor have I, for over 5 years. I do not know where he is, nor do I care to find him. I never let him sign her birth certificate, his name is not on it, and did not give her his last name. On paper, he is non existant.

My issue now is, I am now married and Iwant to change her last name to my married name. I do not in any way want to look for him, because I know him and KNOW he will fight me just because he knows it is something I want. No other reason but to cause me pain. I want to know if anyone knows of any way I can change her name on paper. My husband and I will deal with the legal adoption later, but for registration for kindergarten, and on paper, we would like to give her our family name. She does not know anything about the situation, and until she can comprehend, I do not want to dig up something I am not willing to put her though.

I only want to change the name at this point! Any advice. I live in Broward County, Florida.

PLEASE HELP!!!!!!!!!

That your child if you want to change her last name then you do so who's goning to stop you. That's the same problem I'm having and I'm 21 years old. My mother gave me my sister father last name because she wanted him to be my dad, but he's not and know I want my dads last name.

GV70 · Jul 24, 2007, 10:12 PM

A lot of states have adopted the rule that you can use any name but you have 'legal' name...
Legal name is often the name which an individual is called at birth or which appears on their birth certificate or marriage certificate (in those States which have a statute allowing a name change to be recorded at marriage). Most States still allow the common law of changing one's name through non-fraudulent use and this is actually the most common method.The issue of identification—its reliability, integrity, confidentiality, etc.—is of prime concern to all citizens. The eligibility for government services, the issuance of various licenses, the assessment of taxes, the right to vote, etc. are all determined through evaluations based on identification documents.

Acceptable Birth Date/Legal Presence Documents - US Birth Certificate or U. S. Passport , US Certificate or Report of Birth Abroad , Certified order or judgment from a court of competent jurisdiction etc... What is a True Full Name? If you change your name, then you must provide one of the following documents to verify your name change:

Adoption documents that contain the legal name as a result of the adoption.
A name change document that contains the legal name both before and after the name change.
Marriage certificate (issued from a local or state Office of Vital Statistics).
A certificate, declaration, or registration document verifying the formation of a domestic partnership.
Dissolution of marriage document that contains the legal name as a result of the court action.
Florida Name Change Law-68.07 Change of name.

(1) Chancery courts have jurisdiction to change the name of any person residing in this state on petition of the person filed in the county in which he or she resides.

(2) The petition shall be verified and show:

(a) That petitioner is a bona fide resident of and domiciled in the county where the change of name is sought.

(b) If known, the date and place of birth of petitioner, petitioner's father's name, mother's maiden name, and where petitioner has resided since birth.

VISIT Florida Name Change Forms and Name Change Law

GV70 · Jul 24, 2007, 10:22 PM

Originally Posted by ScottGem

I'm surprised the school is taken such a hard line. Ask them what law or written rule requires them to use the b/c name?

But what law or written rule prohibits them to use the because name?

ScottGem · Jul 25, 2007, 05:19 AM

Originally Posted by GV70

but what law or written rule prohibits them to use the b/c name?

Obviously no rule could prohibit using the because name. But that's not the point. The OP was told they HAD to use the because name. My understanding is that the parents can use any name they want as long as there is no intent to defraud.