What can I do if I want to change my daughters last name from her fathers to mine? 1 Answers as of June 02, 2011

He is incarcerated until 2021 and has never been a part of her life. It would be in her best interest to change it to my last name. What are the steps that I take to get this done and can he contest the name change even when he is in prison?

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John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
To change her name on the birth certificate you need to obtain a court order. If there has ever been a judicial case involving child support or parenting responsibilities concerning the child, you need to get a District Court order as a part of that case. If there has never been any judicial proceeding involving the child and the father, you need to file a name change in the County Court. However, in either case you will have to notify the father of the proceedings and he has the right to object. The Court will decide based upon a balancing of the child's best interests against the rights of the father to continue his name.
Answer Applies to: Colorado
Replied: 6/2/2011
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