Hey everyone, I’m wondering if the mother of a child can change the kid’s last name without the father’s approval. The dad is still involved and pays child support, so he’s not absent or anything. The mom wants to change their daughter’s last name to her new husband’s name. Can she just do this without the father’s say?
It depends on the state, but generally, no. Both parents usually need to agree on big decisions like that unless one parent has full legal custody.
DavidNoah1 said:
It depends on the state, but generally, no. Both parents usually need to agree on big decisions like that unless one parent has full legal custody.
That’s what I thought. The dad is pretty involved, so I can’t see how she could just do it without his say.
@Alex
Yeah, if the dad is involved, he should definitely have a say. He could take it to court if she tries to go ahead without him.
In most cases, unless the dad signs away his rights, she can’t just change the name. The court usually wants to see that both parents agree.
Jesse said:
In most cases, unless the dad signs away his rights, she can’t just change the name. The court usually wants to see that both parents agree.
I don’t think he’d ever agree to that! He’s a good dad and just wants to stay involved.
@Alex
Sounds like he should be fine then. He should talk to a lawyer to make sure she can’t do anything without him knowing.
I’m not a lawyer, but from my experience, both parents need to agree for something like a name change unless the mom has full custody. She’ll probably need to go to court if he doesn’t agree.
Bliss said:
I’m not a lawyer, but from my experience, both parents need to agree for something like a name change unless the mom has full custody. She’ll probably need to go to court if he doesn’t agree.
Yeah, she definitely doesn’t have full custody. They share custody. So, she can’t do it without his approval, right?
@Alex
Exactly. Shared custody means both parents have a say. If she tries, he can fight it in court.
Courts take the child’s best interests into account. It’s not just about what the mom wants. If the dad is involved, it’ll be hard for her to change the name without his agreement.
Arin said:
Courts take the child’s best interests into account. It’s not just about what the mom wants. If the dad is involved, it’ll be hard for her to change the name without his agreement.
That makes sense. I just didn’t know if the mom had more control in cases like this.
@Alex
Nope, especially if they have a custody agreement in place. The courts usually want both parents involved in major decisions like this.
I’m in California, and I had to get my ex’s consent to change our child’s last name. Even though I had full custody, the court still required his approval.
Nari said:
I’m in California, and I had to get my ex’s consent to change our child’s last name. Even though I had full custody, the court still required his approval.
Wow, even with full custody? That’s good to know. Sounds like she won’t be able to do it without him.
@Alex
Yep! The courts don’t mess around with stuff like this. If he’s involved, he’ll have a say for sure.