Anyone Change Their Child's Last Name Before?

I've never personally done this. But when I was a teacher, 20 years ago, I had kids in my class that would go by a certain last name, but it wasn't their legal name. Nobody but the office people knew that. So, I'm thinking she could go ahead and start using that name, until you get it all worked out legally?

Hi T.. I wanted to respond because I had my last name changed when I was 12 or 13. I'm now 26 with two kids of my own. I'm not sure of the legality of it all, my mom took care of all that, but I wanted to let you know how it was for me. I'm half Mexican and half Irish & Scottish. My parents split up when I was 2 and he rarely visited me. I wanted my name changed at the time because I felt I would have proof that I was Mexican (i was going through your average teenage identity crisis) and I felt it would bring me closer to my father.

My mom went through the process, paid the money, and my dad wasn't even there in court the day the judge changed it. I was too in love with my father to realize what was really going on. Now 13 years later I regret telling my mom to do it. I've appologized to her already. I know now I did it just because I though it would make me more Mexican. Stupid I know..... but I was 13. What did I know? Every time I say my name now, I think of my mom and I feel bad for putting her through that. I always go to say my original last name first and I have to stop myself. It's weird. Hope this gave you some insight on the name changee's part.

Take Care
M.

My new husband had to adopt my daughter in order for the name change to happen. My ex had to relinquish all of his parental rights and the whole adoption process had to happen all the way to new birth certificate with my husband as the father. I would talk to an attorney, because if the birth father refuses, the whole thing stops. Even if the birth father is not involved with her, he has to be found, notified. Good luck!

I changed my oldest son's last name when he was 3 1/2. He was 2 1/2 when I got married and he had my maiden name, my new husband wanted to adopt him. His biological father was on the birth certificate so I had to get a lawyer to get him off of it. It was a process. They had to track him down (I had no clue where he was) and then when they did he wouldn't call them back so we ended up running it in my newspaper and he had so many days to contact my lawyer and if he didn't then we were able to go on with the adoption. I'm so glad we did it, he knows that he has a biological father out there somewhere (my sons almost 10 now) but my husband is his dad. :)

You will probably need an attorney. I had my son's last named changed when he was 5. I had to hire a guy to make the motion to the court. Because his father never responded to the request from the court, they had to put a legal notice in the paper. I think it had to run for 6 weeks, then the name change was allowed. I wasn't married to anyone else, so I am not sure if the courts will make your husband adopt her.
Good luck.

Actually it's not a difficult thing to do at all. I just went through this in April of this year. I went to the Circuit Court in the county my child was born in and filed a motion for a name change. I then had to go in front of the judge and he gave me instuctions to go to the Daley center in downtown Chicago and do a publication and also gave me another court date. Since the father did not respond to the publication the motion was granted and I was able to change his name legally. Hopefully this was a help. If you need any additional information please don't hesitate to contatc me. (And I did not need an attorney)

I would contact an attorney, even if just for advise on where to go next. From what I understood the birth father does NOT have to sin over his rights.

My parents were foster parents for many years. The kind of program they were in (I don't think it exists anymore) was they would meet with the birth parents and teach them how to care for their kids so they could get them back. My younger brother went back to his birth parents. About a year later his birth father died. About another year later his birth mom came by and dropped him off for a weekend and never came back. Eventually she turned up and she said she did it because my mom was always his mom, not her. In the end she agreed to sign over her rights to my parents and they adopted him, but before she turned up my mom had seen an attorney to find out what they could do. The mother had to not have any contact with the child (in our case it was for a year) for "X" amount of time. Then they would publish it in the papaer. My parents published in one of those penny savers you get for free at the entrance to the stores, but hardly anyone reads them. After that ran for a certain amount of time and if there was still no contact my parents could adopt him- and thereby change his name.

I was in the same situation. My husband had to adopt my son's in order to to give them his last name. (We are from Chicago, IL.) It didn't cost a whole lot, the attorney put an ad in the paper to locate their father because I had no idea where he was. After about 3 weeks and no responce from their birth father the adoption was final. I have since divorced that husband b ut they still carry his name. Also if your daughter says that she is fine with the change, don't assume that there will be a problem later. Her dad has been M.I.A. for 5 years and was probably not really in the picture before that so she has no fond memories attached to that name. That name probably represents the man that didn't have time to even notice her. The father that didn't care enough to be there. Her real father is the man you are married to now that has stepped in and been what her birth father has not been. Don't anticipate a problem that will probably never come up. At 11 she knows who is taking care of her and who is being a real father. She will be fine. Now you need to let go. This is whay I tell single mother that have a child not to give that child his last name until he give that mother his last name.

Yes, T. my son changed his last name to our family name.
It is legal to go by any last name that you want to.
We were told this by a lawyer in Sheldon, Illinois.
To make it really legal though we had to contact his real dad and have him sign the papers to do so. He did and our son was then adopted by my husband and I on his 16th birthday. I had to adopt him since my last name was different even though I am his real mom.
But he used our last name from the time he was 10.
I sure hope that this helps you out.
Don't know where you live so not sure of the laws. Contact a lawyer for advice.

My son is going to be 40 so times may have changed since then.

Take care and good luck. It meant alot to my son to have the same last name of the family that he was living with.

If you are changing the last name to be the same as yours then a legal adoption does not need to take place....you will just have to go before the judge and explain why you are having it changed. My daughter carriers her biological father's last name, and I want to have it changed. I have been working through this process myself. It's just paperwork and a little money.

I have never been in this situation, but all I will say is: Please do it the legal way. Do not just have her start using your lastname. The schools will let you & a lawyer may tell you it's ok, but it really isn't. Come time for the child to get a drivers license or a job. Name on the Birth Certificate are used unless you have legal papers proving the name change.

I had this done when I was younger - in order for it to be done, she will need to be adopted by your husband, and then she can change her name. I belive the biological father has to approve the name change, if he doesn't I believe the court won't process it. Make sure, though, that if you do this, that you also remember to change her name on her SSN card after you receive the proper court documents (which will be a new birth certificate showing the new father).
You might be able to do it another way, I just know this was the way my family did it...and my cousin is going through the same thing with her child - she wants her to have the same last name as the rest of her family, but she has her dad's last name (cousin never married the man), but he won't allow her to change the name/let the step-dad adopt her.

I know a good family law attorney that can lead you. Let me know if you want his name. I do believe everyone else is right though, her birthfather will have to approve it and relinquish his rights. You will need a lawyer to do that.

P. ____@____.com

My brother tried to do something similar, but the birth father wouldn't relinquish his right to parent so it never happened.

It is likely that your daughter's father will have to allow your husband to adopt your daughter. In doing so, legal guardianship transfers to your husband. In the meantime, as would have been the case in my brother's situation, the birth father no longer is responsible for child support (since he is no longer the legal guardian), so if you've been receiving child support from the birth father that is likely to cease (although my brother's case was in a different state so different rules may apply).

Your best bet is to contact an attorney who specializes in this sort of thing. You will be transferring legal guardianship from one adult to another, so there will be a set of specific steps that will need to be followed.

As far as your daughter is concerned: ask her what she would like to do. It is possible perhaps that during this name change process she could keep her original last name but as a middle name, such as going from Jane Anne Doe to Jane Anne Doe Rogers.