Name Change of a minor


#1

Dear Ron:

Greetings. If your ex-partner will not support your child and has failed to participate in her life for over a year, you may be able to terminate his parental rights. If his parental rights are terminated, then your new (hopefully) husband may be able to adopt your daughter. Otherwise, you cannot change your daughter’s last name without her father’s permission and consent.

Finally, many parents who suffered broken relationships have children with different last names, and this in itself should not be traumatic for your child. If it is, I would suggest some counseling. Best of luck.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#2

The law in the UK says that as he has no Parental Rights (in the UK the law states that he does not have Parental Rights unless we sign an agreement which we did not - he is still obliged to pay child support though). All that is required to change her name in the UK is that I start using her new name - which I did at our last court date. I do not want to terminate his rights as we are still fighting for the support that he has not paid since April 2002.

Is terminating his rights the only way? I was under the impression an attorney would help me argue the case without giving up child support?


#3

Dear Ron:

I don’t know the law in the UK and if you filed for child support here in NC, you are under our law, not theirs. The way I described is the only way I have found.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#4

I am not in contact with him. What would happen if I were to change the name without his signature? The paperwork I saw had an allowance for this.


#5

Dear Ron:

I don’t know. You may want to research this some more, as I am not going to research this issue for the forum. Thanks

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorcecom
919-787-6668

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#6

My ex-partner and I separated 3 and a half years ago and I have custody of our daughter. He is supposed to pay child support, but despite several court appearances still refuses to pay. It is court ordered support. He lives in the UK and I live here in the US. When our daughter was born she was given his last name instead of mine as we planned to marry the following year, however he left us when she was 8 months old. She now calls my new partner daddy as he has helped raise her since she was 11 months old (she’s now 4). We also have a son together and he has both our last names as I do not plan to change mine. I would like to change my daughters name to mine, but her biological father refuses to sign the paperwork. I was told I can get it changed without his consent if I hire a lawyer, but depsite contacting several firms in the area, I cannot find one that knows how to go about this. My partner and I would like to get this changed before she starts school so she does not feel alienated as she is already having trouble adjusting to not being an only child, but we feel that as she has a different last name to us she may feel even more left out. I also do not like being called Mrs (fathers last name![xx(]). Please help!