What to do if my daughter currently has her father’s last name but I really want to change it so when that when my fiancé and I get married he can adopt her?

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What to do if my daughter currently has her father’s last name but I really want to change it so when that when my fiancé and I get married he can adopt her?

Her father refuses to pay child support and has not seen her in 3 months. How can I make this possible?

Asked on November 29, 2012 under Family Law, Ohio

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You cannot unilaterally make this occur. If your daughter is of a particular age, she has the ability to testify but the father has a right to contest all of these proceedings. If he does not wish to terminate his rights, then there really isn't much to be done. Child support and visitation are treated separately from each other in court. While your fiance wishes to adopt her, you need to go through proceedings to see if he would voluntarily terminate his righs and if the court would agree. That is your first step. Name changes can occur afterward and are just a matter of first starting with Social Security.


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