Legal Question in Family Law in Colorado
Changing a childs last name.
My daughter is 9 yrs old. She is not my husband's biological daughter. He has been her dad since she was 2 1/2 yrs old. She wants to change her last name to her dad's. Is that possible? Her father does not see her and hasn't since she was 2yrs old. If so, how do I make it possible? Her father will not sign over his rights.
1 Answer from Attorneys
Re: Changing a childs last name.
It is possible. However, it will also depend on some other facts. Has he paid child support? Has he sent her anything like cards or presents? You may be in a position to ask the court to terminate his rights based on abandonment. In short, it will require being able to convince the court that the biological father's rights should be terminated. While it is certainly easier with his cooperation, it is not necessarily impossible without it. Feel free to contact me to discuss your situation in greater detail.