What can I do to change my daughter’s last name to my boyfriend’s? 6 Answers as of April 30, 2014

He isn't the father but he has supported her since she was 15 months old. She's 7 now. She has my last name now (I am the mother) and only my name is on her birth certificate. Her father passed away the year she was born but we we're never together since I became pregnant. I am a stay at home mom and my boyfriend supports us and our other two daughter. We're planning on getting married in 5 years but I don't want to wait that long to have her name changed. She's in first grade and hoping to change it before next school year.

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Fran Brochstein
Fran Brochstein | Fran Brochstein
In Texas, it is up to a judge. If you were married then the court would probably be more willing to do so. This man has no legal relationship with the child so a judge might deny your request. If you are just boyfriend/girl friend, he can leave you at any time without any further legal obligation to you. You need to talk to an attorney in your county about what the judge might do in your case. Of course, you could just get married now and probably solve the issue. You will also need proof that the bio father is deceased. An obituary or proof of death should work.
Answer Applies to: Texas
Replied: 4/30/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
Why do you want to wait 5 years. With no marriage, there is no right to share his 401k, the house, anything. If you really want her to have his name, get married and he can adopt her. If he is not willing to marry you now, what makes you think he will do it in 5 years.
Answer Applies to: Idaho
Replied: 4/30/2014
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
I would suggest a number of things, including moving up to date of your marriage. Under the circumstances it should not be particularly difficult to change the child's surname, however the court is certainly going to be wondering about it if you are not married to the person whose name is chosen.
Answer Applies to: Michigan
Replied: 4/30/2014
Diane l. Berger | Diane L. Berger
You can file the necessary paperwork with the Court to change her name. With her father being deceased, there should not be any one objecting to the change and it should be a simple matter.
Answer Applies to: Nebraska
Replied: 4/30/2014
John Russo | John Russo
He has to adopt the child, and that is through the courts.
Answer Applies to: Rhode Island
Replied: 4/30/2014
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