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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 08-13-2017, 11:21 AM
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Default is it easy for custodial parent to change child's last name ?

Hi there,

As part of my former spouses alienation compaigne, the latest and greatest is her molding our child to want to change childs last name to match that of her moms. I know the child having my last name bothers the other parent and have received messages from her trying to start a fight that I don't love our child as I had asked the judge to order mom to change the child's last name, which is nothing more than a bag of baloney and totally made up fiction story

Child is 8 years old, and I am EOW parent.

Can the other parent really change the child's last name? She hasn't requested it in our court proceedings and the topic has never been brought up. The only time I hear about this is through our child.

I have avoided getting into that discussion with child as I am not sure what is the best way to go about it. When I am filling up forms with child I put in child's last name as what it is and I know child obviously get's called by real last name at school. With the child making comments she is changing last name, what is the best way for me to reinforce the child's identity with the child? Or is this something that I should continue to avoid getting into a discussion about it and just continue to use childs real last name when it comes up ?

Is this something worth mentioning to the OCL? Or would that open a can of worms and provide window of opportunity to my former spouse to try to change the child's last name ? If that happens, what is the likelhood of OCL getting involved and suggesting a hifenated last name ? The other parent hasn't requested a modification to child's last name in any court pleadings and we have been in court for over 5 years now.
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Old 08-13-2017, 01:56 PM
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If one parent has sole custody, and if there is no court order or agreement prohibiting same, they have the right to change the child’s surname. So I don’t believe your ex needs to ask for, or requires, your consent.

Is it her intent to hyphenize to a combination of your surname/her maiden name, to her maiden name only, or to her new partner’s surname?

I think you have a motion currently before the Court – does part of your motion ask for a prohibition on name change? It's a standard clause in most separation agreements.

You’ll be wanting to notify the Registrar General that you have a motion currently before the court, and, if you haven’t included a request for an order prohibiting name change, amend your motion to do so.
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