Skip to main content

Can I change my 21 month old daughters last name to mine?

Kankakee, IL |
Filed under: Birth certificate

The father has been locked up since I was five months pregnant. I was living with his mom when I had my daughter and due to her aggressive behavior I chose to give her his last name so not to cause a problem. He's due to be released soon and am worried about contact.

Attorney Answers 3


if the child has dad's name on the birth certificate, you would have to file a name change petition and give dad notice. he could object. you have to prove the change is in the child's best interest. your being upset with dad is not a good enough reason.

Mark as helpful

7 lawyers agree




No he didn't sign the birth certificate. Do to financial help I was forced to apply for child support and he signed a paper for paternity. It's not that I have a grudge against the guy. The problem is that he's been in and out of prison multiple times. Has two other kids that are ten and nine that he had little contact with and never helped in any financial way. I know when he's back on porole he won't change and even then he is untrustworthy when it comes to taking care of a child. I'm worried for my daughter welfare and hope she wouldn't see him as a role model in the future.

Gary L. Schlesinger

Gary L. Schlesinger


if he is legally the dad, he is entitled to notice of the name change. he is also entitled to visits. but if you can prove he seriously endangers her, then his visits could be supervised. if he is legally the dad, then he should be paying child support. you could pursue that. you should take all your papers to a lawyer for a consultation and advice on what to do.


Is he the legal father of your daughter?

You can petition for a name change but either he will need to have notice, or you will need his consent.

Also, it helps to identify why it may be in the best interest of the child to do so.

All the best.

This information on this post is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Mark as helpful

3 lawyers agree


I am not really sure what the name change of your daughter has to do with his release and contact with her? He can file for visitation if he wants to regardless of what her last name is anyway. If he is a serious endanger,net you can ask for supervised visits or if an emergency arises an Order of Protection against him to protect both of you. If you want to change her name you will have to file for a change of name in court and give him notice of it. He can object and then there will a hearing to see if the name change is in your daughter's best interests.

IF YOU FOUND THIS ANSWER "Helpful" or " The Best Answer" YOU CAN THANK ATTORNEY RADDATZ BY MARKING IT SO because Avvo awards the attorney points. MS. RADDATZ is donating her time and talent by answering questions to help those in need of legal information. This is NOT a consultation and in no way creates an attorney-client relationship. YOU SHOULD ALWAYS PERSONALLY CONSULT WITH AN ATTORNEY IN YOUR LOCAL AREA who has specific expertise in the area of law you are asking about. Remember that it is the Lawyer who:  Punishes the wicked, Protects the innocent, Raises up the lowly, Opposes brutality and injustice, Seeks equality of humanity regardless of color, cast, sex or religion, Leads in every cause, and Seeks the best in everything.

Mark as helpful

3 lawyers agree

Birth certificate topics

Recommended articles about Birth certificate

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics