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Rebecca79 · Nov 18, 2007, 01:06 AM

My daughter has a hyphenated last name of mine-her father's. When she was born I gave her his last name, but we ended things when she was only a couple months old. Because of delays in medical treatment in emergency situations, the judge granted my request of hyphenating her last name with mine. She had very serious medical problems and even though her father objected, it was very clearly in her best interest to have it hyphenated. (I was being asked to show proof that she was my daughter, which caused us to lose precious seconds of time that we desperately needed to help her.)

Now my question is, when am I required to use her hyphenated name? I have sole legal and physical custody of her; her father has not seen her and made no attempt to see her since July 2006. He has been held in contempt of court for not paying his support already. I realize this has nothing to do with the legalities of her name, but I do not see it being an issue [with him] as he is absolutely never around. I'd like to just use my last name for the majority of things as it's easier on us both, but I'm not sure when I am legally bound to her full legal name. What about an assumed name? Would that pertain to this at all? I noticed when picking up her medications the past few times that the pharmacy has dropped the hyphen part of her father's name already. I am in Indiana.

momtobe949 · Nov 18, 2007, 01:15 AM

As best to my knowledge you are required to use her legal name, on any legal document provided by the courts, government agencies, and medical establishment. With the pharmacy they have her legal name on file they just chose not use it on any prescriptions, mot likely that is the case. The reason why it is so important to use her full name on legal documents such as medical forms is for billing prepuces and identification.

macksmom · Nov 18, 2007, 10:04 AM

You can use any last name as long as there is no intent of fraud.

Since your last name is her legal last name as well, you could use that whenever you want.

s_cianci · Nov 18, 2007, 10:11 AM

WHy not just legally change her name to yours and forget the hyphenation? As it is you took a logical sequence of steps ; his name, then a hyphenation (with the court's backing), so now the next logical thing is to forget the hyphenation and go with just your last name. Then the names are the same and there's no confusion.

bushg · Nov 18, 2007, 10:12 AM

If you were to sign her up for SSI, Social Security, aid to dependent children, pass port, driver permit etc. you would need to use her legal name that is on her birth certificate and social security card. Private insurance, school records etc you can use any name you want. When she is 18 she can get it changed to whatever she want to use.

macksmom · Nov 18, 2007, 10:23 AM

Originally Posted by s_cianci

WHy not just legally change her name to yours and forget the hyphenation? As it is you took a logical sequence of steps ; his name, then a hyphenation (with the court's backing), so now the next logical thing is to forget the hyphenation and go with just your last name. Then the names are the same and there's no confusion.

While this would be the smartest thing to do, and much easier for the mom and child, the father would have to consent to the name change.

My daughters father and I were not married when I had her, I gave her MY last name, and I still have to get his permission to change it. :( The same would even hold true if I had given her his last name... basically any legal change with have to have approval from the father.

But... s_cianci brought up a good point. Although you would have to get the fathers permission to change the last name, it may still be possible to petition for it without his permission, and try to get the judge to allow it. It will be hard to do, but you could try.