Check out some similar questions!

mine1508 · Jan 6, 2012, 11:15 AM

My daughter is 7 her "father" has not seen her since she was 7 months old. We had a child support order for him but he has never had a job since we left him. So I have maybe gotten about 9months worth of child support in the amount of $50 a week. So I closed the case it wasn't worth the trouble and he hasn't even bothered to try to make an effort to see her so my question is is there a way to have his rights terminated? I want to chang her last name to mine but I could before because of the child support order was a form of contact with child. But now since there is no contact at all can I find a loop hole or something to get his rights terminated so I can change her last name without his permission. Thank you for any advise you may have

JudyKayTee · Jan 6, 2012, 11:42 AM

No, there are no loopholes in the Law.

You need his written consent to change her name. The fact that he has no contact is also not grounds to terminate his rights - which you basically cannot do, anyway.

I appreciate your frustration. I would hold his feet to the fire concerning child support and do whatever it takes to shake the money from him.

Won't the child support unit in your State help you?

Fr_Chuck · Jan 6, 2012, 11:45 AM

No, merely contact him to get his permission to change the name of the child.

His rights can not be taken away merely for not visiting or for not paying. Has he had any long term prison time, any sex offender issues. ( and even with them it is not always possible)

mine1508 · Jan 6, 2012, 12:20 PM

I have asked him for permission to change her name and he said no I don't want to change her last name she is my daughter no one even knows he has her even though she is his 1st born child. Every one thinks he has 2 which were recently taken away by cps. Which is why I was hoping there was another way to change her name without permission.

JudyKayTee · Jan 6, 2012, 02:27 PM

If he is a danger to your child - which I doubt because he doesn't see her - you CAN go to Court, prove he's a danger and block/stop visitation.

That doesn't factor into a name change, unfortunately.

ScottGem · Jan 6, 2012, 06:59 PM

To get the name change without his permission, you would have to prove to a court that it is in the best interests of the child. Something pretty difficult to prove.

But I see no grounds to have his rights terminated.