# Mother Wants to Change My Daughter's Last Name



## gad787 (Jan 12, 2012)

I'm pretty upset because I just received a letter from my ex's attorney stating that she wants to change our daughter's last name to that of the mother. I live in Florida and do not know if this is something that she can actually get away with. I would never consent to the name change, but I'm worried about it going to court and being left up to the decision of a judge. Her family is really wealthy and I know they probably hired the best attorney in town. They also probably wouldn't have pursued this unless they felt they could succeed at this. 
We had an unplanned pregnancy and almost got married out of wedlock, but did not. We broke up about a month after our daughter was born. I live with my parents now 10 minutes away, pay her money for child support, and visit with our daughter three days out of the week. Our daughter is only three months old now. Has anyone else been through this? Please give me any advice, or share your experiences with me thank you


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## tacoma (May 1, 2011)

Consult a lawyer.


If your name is listed on the child's birth certificate I don't think she can do this without your consent.

You have parental rights
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## YinPrincess (Jul 31, 2011)

I'm assuming you don't have a court order yet to pay child support? Or do you? Either way, make sure you document what you're giving to her.

As for name change, what reason has she given for this? Simply because you aren't together anymore? What a load of hooey. I'm not experienced at all in these matters, but I assume the court will involve you in the decision as well? Or at least make her present a case for the name change?

Best of luck to you!
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## that_girl (Jul 6, 2011)

Well, if you are broken up and have no intentions of getting back together, I can understand her wanting her child to have the same last name as herself. It makes things a HELL of a lot easier throughout the child's life.

My older daughter has her dad's last name...and that's fine. But it was annoying when she was younger with school (me being called Mrs. -her last name- and I was NEVER his Mrs.) and her being called by my last name.

So I get it.

Maybe make it hyphened? I don't know. If it's on the birth certificate, then I don't know. You do have rights...but do you honestly care what her last name is? I guess you do, as it makes her more 'yours'. 

Maybe the mom is just being vindictive. Maybe she's mad that you are broken up. Maybe she feels stuck with a baby while you get to go be single.

I'm just throwing all thoughts out there...


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## I'mInLoveWithMyHubby (Nov 7, 2011)

She legally can not change your daughters name. 

If you don't want it changed, be prepared for a fight! This does not sound good at all! What's next? Refusal of visitation? If I were you, be on guard. This is very controlling on her part. 

I would at minimum consult a lawyer or two. They can give you a consult and you will know if you need one or not. 

My ex wants nothing to do with my daughter. I never changed her last name. My daughter has the opportunity to do so now that she's old enough.


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## isla~mama (Feb 1, 2012)

The child can have either your last name or her last name. If you were never married (your post is a bit confusing, sorry) why should the child necessarily have your surname over her mom's? If the child is going to live with her it would make things easier.


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## FrankKissel (Nov 14, 2011)

I would imagine the law is clear on this, so it shouldn't be particularly difficult to find out your respective rights in this. I would guess that unless you're paying support and have an active role in your daughter's life, the law would swing in the custodial parent's favor. 
But again, the issue has likely come up thousands and thousands of times and the law probably is well settled. A simple Google search probably would get you your answer.
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