I am worried that my ex-wife will try to change our daughter's last name to her current married name. Can she do this without my consent? What is she starts to use it on documents (school records, medical, etc). Can I sue her for that?
Family Law Attorney
Your exwife cannot change your daughter's last name without giving you the opportunity to argue against such a change in a court of law. If she is remarried, as it seems she is, the current husband may attempt to adopt your child, prompting a name change by design, so you should also be wary of such things. You would do well to discuss this matter with an attorney in FL, through referral from the FL Bar if you need to, and see what can be done to protect yourself. If no such move has happened yet, you can be equipped with the knowledge of what to look for and how to proceed if and when it comes. If such a move has happened, you want to be aware of it and act accordingly.
This answer is provided as a general opinion to a question posted on an internet forum. This does not create in either party the expectation that an attorney-client relationship has been entered into between the original poster and the Law Office of Reid Seino, LLC. Any information provided should not be solely taken as legal advice but in the context of general information. Please seek legal representation for any specific legal questions.
3 lawyers agree
Criminal Defense Attorney
She cannot change the child's name without your permission. If she does, you would file a motion to enforce. Look at your divorce documents, in an agreement there is usually a provision that says the last name cannot be changed.
R. Jason de Groot, Esq., 386-337-8239
Family Law Attorney
Any changes in a legal name, whether of a child, or an adult, have to be done through a court of law. She will be unable to change your daughter's legal documents without the court order authorizing such a change. As the prior attorney mentioned, your divorce settlement documents, if you had a settlement, typically mention such an issue.
Vanessa Vasquez de Lara, Esq.
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