How to change last name of a minor

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Latest post 01-18-2012 4:25 PM by Drew. 15 replies.
  • 01-18-2012 11:31 AM

    • mlmurphy
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    How to change last name of a minor

    I'd like to change my daughter's last name. She currently has my ex's last name but I'd like to change it to mine. My ex did not sign the acknowledgement of paternity when she was born and we were never married so technically I'm the only parent legally. I have discussed changing her last name with my ex and he has given me permission to do so. How do I start this process and will he still need to give consent even though he's not listed as her father? He's willing to sign a consent form but I don't know if it's more complicated than just doing it without him. Anyone who lives in PA that has done this too would be helpful!

  • 01-18-2012 11:43 AM In reply to

    • Drew
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    Re: How to change last name of a minor

    I'd be a bit more nervous about locking in child support, medical coverage for child  and my ability to move with child to Arizona if such is my desire or need.  Your post suggests you have some major possible loose ends

    And quite frankly you might be a lot smarter to move to NJ for at least 6 months before you raise any formal questions--why because the rules in NJ are way more favorable for college support than the rules of PA

    And in the meantime I'd go spend for some solid legal input from famly law attorney of your choise .



  • 01-18-2012 12:09 PM In reply to

    Re: How to change last name of a minor

    So is Dad involved at all? I am wondering why he would agree to this. Why is it necessary to change baby's last name....does Dad plan on taking a hike and not being involved at all? So why did you give her his last name originally?

  • 01-18-2012 12:12 PM In reply to

    Re: How to change last name of a minor

    Have to agree with Drew that a name change is the least of your worries.  I suspect that the reason dad is so accommodating is because of his own nefarious reasons....which have nothing to do with the best interests of the child.

    I'd keep with the plan to move, establish residency, then file for CS modification.   THEN maybe a name change (could even petition at the same time).  But I wouldn't take his name off before making sure paternity and more CS is established in court.

  • 01-18-2012 1:06 PM In reply to

    Re: How to change last name of a minor

    Considering your other post (to which this question should have been appended) I agree that the name change is the least of your worries:

    http://community.lawyers.com/forums/t/118105.aspx

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 01-18-2012 1:33 PM In reply to

    • mlmurphy
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    Re: How to change last name of a minor

    The reason why I originally put his last name was because of my naivity. I was 20 years old and assumed that we would be together forever. My ex IS involved in our daughter's life but not to a huge extent. He sees her maybe 3 days a month. He doesn't attend school functions nor does he have her for major holidays. Yes, I know that it's the "least of my worries" with the fact that I'm 1. Trying to move out of state  and 2. Asking for more child support. We did not have any disagreements regarding changing her name. He understands that I have her for the majority of the time and I'm the one that is involved in her school. The reason for the change is so that she will have the same last name as myself so she won't be questioned by kids in school. I'm not asking if I should wait. I'm asking if anyone knows what to do to change it. Is there a form? Fee? Etc.

  • 01-18-2012 1:39 PM In reply to

    Re: How to change last name of a minor

    There are NOT any "forms".   You'll have to consult with a local attorney as the rules differ. 

    But a court may look askance at this attempt to "erase" him from her life (moving away, removing his name), then ask for more CS.  Guess you are not seeing that possible contradiction.  But a court will. 

    Many children have different names than mom for many reasons these days.  It is far from unusual.

  • 01-18-2012 2:17 PM In reply to

    Re: How to change last name of a minor

    Dad is an absolute fool to agree to this. Just because you are not married does not mean the child does not get Dad's last name. Changing the last name people will automatically assume he is not involved yet you are going after him for more support and moving out of state. If Dad does not see the child much now you moving out of state will certainly seal that fate for him. It makes NO sense for you to do this.

  • 01-18-2012 2:22 PM In reply to

    • Drew
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    Re: How to change last name of a minor

    Given that you are thinking of moving I think you unwise not to get counsel darn soon and stop giving information to potential advisary. or any body but counsel for that matter!

    Dad may be able to royally gum up your plans if you let him--and  I'd be keen to move quickly and silently



  • 01-18-2012 2:24 PM In reply to

    • Drew
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    Re: How to change last name of a minor

    Move to what state ?

     

    How far?



  • 01-18-2012 2:26 PM In reply to

    Re: How to change last name of a minor

    BF in New York, according to a previous post/thread.

  • 01-18-2012 2:30 PM In reply to

    Re: How to change last name of a minor

    You should check your local courthouse for the forms. They likely have the forms you will need there. You will have to complete the forms, pay the filing fee, follow the procedure.  There will be a hearing.

    If Dad is in agreement, it is not going to be a complicated process.  If he disagreed, you would have a difficult time.

     

    A child having Dad's last name doesn't mean he is involved. It doesn't make him Dad. It doesn't take anything away from him either by the child having the last name of the person who is truly raising the child. That is ridiculous to pass judgment like that.

  • 01-18-2012 2:33 PM In reply to

    Re: How to change last name of a minor

    As long as he is in agreement- I believe you can both sign the back of her birth certificate to change her name and that gets filed with the bureau of vital statitstics.  A new birth certificate is then issued.

  • 01-18-2012 2:36 PM In reply to

    • Drew
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    Re: How to change last name of a minor

    BTW--NY may be even more favorable to childs long term needs thru age 21 than NJ (College) --and PA runs a distant 3d ,(neither)  you really do want to think thru jurisdiction with skilled counsel before you  do the court steps!



  • 01-18-2012 3:33 PM In reply to

    • mlmurphy
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    Re: How to change last name of a minor

    Many of you seem to be regarding my previous post for advice on Child Support and Moving out of state to New York. I just want to clarify that the Child Support has been the ONLY issue between my ex and I and it has been resolved. We actually have a very good relationship. We don't argue, there's no attitude towards eachother when we talk, etc. I have been in a relationship for 2 years (long distance obviously) and I have discussed moving to New York since the start. He is completely fine with our daughter and myself moving. In fact, he and his wife have discussed moving 500 hundred miles away in the future (even before the idea of me moving came into the picture). So to those who think I'm trying to take him out of the picture. You are wrong. He's willing to do that himself. I have actually been the one who has pushed him to have a better relationship with our daughter. He's fully aware that if he wanted to spend more time with her, I'd be open to it and I've verbally told him how I'd like for him to take her on vacations with him. He goes on vacation to the beach probably 3 times a year for a week at a time and has not once taken her. It's his choice, I just let him know that he can if he wants to. I don't think my ex is a terrible person and I want him to have a good relationship with our daughter. I'm not in any way trying to get him. This isn't vengeance or bitterness. I have asked permission for everything. I don't say "I'm going to do this and you have no choice". The facts are this: 1. He is fine with my daughter and I moving. 2. He's fine with me changing her last name to mine. 3. We get along.

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