Can my ex-wife change our daughter's last name without my permission?

Asked over 1 year ago - Miami, FL

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?

Attorney answers (3)

  1. Reid A Seino

    Contributor Level 15


    Lawyers agree

    Answered . 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... more
  2. Robert Jason De Groot


    Contributor Level 20

    Answered . 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
  3. Vanessa Alexandra Vasquez de Lara


    Contributor Level 14

    Answered . 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.

    Good luck,

    Vanessa Vasquez de Lara, Esq.
    7700 N. Kendall Drive, Suite 412
    Miami, FL 33156
    (305) 984-4287 Direct
    (305) 596-9951 Office

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