Even though my daughter has her dads last name can i get it changed 2 my last name since he basically has nothing 2 do with her?

Asked over 2 years ago - Hickory, NC

she is now 5 and him and i split up shortly after she was born! he just recently started making his child support payments which put him 15 to almost $2000 dollars behind, we have a court agreement that he is to have supervised visitations every other weekend at his mothers house which he fails to go to, besides once in a blue moon, and not counting he continually gets in trouble and goes in and out of jail. Ive pretty much taken care of her my own since she has been born and i really think i deserve for her to have my last name, with all of this i told you, even though i know her father wouldnt willing let me change it, do i have a case or is it even possible for me to get it changed on my own and how do i go about it?

Attorney answers (1)

  1. Curt Perri Bogen

    Pro

    Contributor Level 16

    Answered . Unfortunately, this is a difficult question, since most states will not give you the release that you seek. However, frequently I see that people in this situation will simply use the maiden name to register their children for school, etc., or alternately, use a hyphenated combination of the maiden name and the husband's name. Then at a later date, people try to file a name change and argue that the only name which the child knows is the mother's maiden name.
    In all fairness, it is very difficult to get this relief.. Consult a local attorney. Good luck.

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