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.
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.
Family Law Attorney
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.
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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.
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