Fiance' has a daughter, his ex wants to change her last name without his consent. Is that possible?

Joani - posted on 01/27/2011 ( 14 moms have responded )

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ok so my fiance' has this ex who wants to change his daughters last name to her new boyfriends last name. My fiance is in jail at the moment. Can she legally change her last name without his consent? Coz we both arent happy about it and dont know what we can do about it. HELP PLEASE

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[deleted account]

Also just so you know, even though your fiance is in jail he can still apply to the Family Court for visitation rights- I wouldnt honestly recommend that he have her visit him there- my SS's were very traumatised by visiting their BM in jail (not our choice) as they have to go through strip searches etc both on the way in and out of the facility- plus it's truly not a nice place for kids BUT he could certainly apply for his family including you, to have contact visits with her. Legally you are considered her family (I think it's section 62 (C) of the Family Law Act); as are his parents, siblings etc.

[deleted account]

Hi Joani- I am the Qld'er Holly is refering to- basically she can change HER name to whatever she likes; but with the kids' names this is a Family Court matter, she cant do it without his consent BUT I do know the Family Court will order hypenated surnames where there is no agreement between the parents. In my hubby's case, our lawyer advised us to agree to the hypenated name as it's not technically a legal change if there is an agreement in place, but if the Court ORDERS you to do it, that then becomes the child's legal name. She can also apply to have their name changed by deed poll but I believe yr fiance's consent would be required there too.

Louise - posted on 01/28/2011

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Your boyfriend is in the ideal place to get free legal advice. I would not of thought his ex could do this unless he has not paid any maintenance or had any contact with his daughter. If he has then the mother would need written consent from the father. I could understand her wanting to do this if she was married and the relationship was serious but to change to a current boyfriends name seems a little drastic. Get your boyfriend to ask for help whilst he is inside and he will get the best advice as they deal with this sort of thing every day.

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Dianadavid - posted on 01/22/2013

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we both have same problem,i not know everything about this problem.wat i wanna ask or somebody can help me that is there a possible to change my son name to my name even i was married.i want to change in my family name wen i was single.coz is hard for us to my australian husband to adopt him because need a sign from his children before.now the choices is ever to bring it to my name or let it as it is but i really want to change either my name before or to my husband name.please help me wat i gonna do this problem .i dont want that my son still bringing his biological father name.his father not supported him.please help help

Tcordukes - posted on 01/30/2011

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I know in Australia, my sis in law was able to change her daughter last name from his to hers, but it was court ordered when he didn't show for a custody hearing and as far as i know the only reason the judge allowed it was because he didn't show.

User - posted on 01/30/2011

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I could understand if the mother would want to based on the fact that her father is in jail and it could cause the daughter potential problems. Altohugh why to the current boyfriends last name and not her own unless they were married. I couldn't see a judge allowing her last name to change to a boyfriends last name unless they were legally married.

Iridescent - posted on 01/29/2011

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Yes. In addition to the reason listed before (lack of involvement in her life due to being in jail) her name can also be changed upon the mother's request with a good reason, such as having a father in jail with the same last name and wanting to avoid a social stigma as a result. Even in cases where the people with ____ last name aren't related, the social stigma of the same one can be huge - think of all the "Hitler"s and "Manson"s out there! In the end, if the mom can give the judge/court a reasonable cause for the request, it will generally be granted as she is assumed to have her child's best interest at heart. Realize, this is in the US and may not be accurate where you live.

Devon - posted on 01/28/2011

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But i would go to your county or wherever you have to go that deals with that stuff and talk to them about it, because every state and wherever you may live is different

Devon - posted on 01/28/2011

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As far as i know, no she cannot. Only if he would give her permission to or he would sign his rights over and her new boyfriend would adopt the child

[deleted account]

I know that in California (the US) a mother cannot change her child's last name from the father's unless the father has signed a consent for or signed his rights to the child away. However, I do not know about Queensland, Australia BUT I have a friend who lives over there who's a stepmom, so I'll brng this thread to her attention and hopefully she can help you out :)

Joani - posted on 01/28/2011

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yea we live in queensland in australia. he loves his daughter more then words n would do anything for her. he always does everything he possibly can do for her when he is actually aloud to see her due to the fact the mother wont let him see her alot

Tracy - posted on 01/28/2011

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Depends on where she is. In my state (TX) not without the father's consent. Unless he's dead. Or has signed off rights.

Tyrae - posted on 01/27/2011

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If he hasn't been involved in his daughters life at all than yes they can.

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