Legal Question in Family Law in Illinois

i was recently married and my daughter (9 yrs) and i would like to change her last name to my husbands. her father and i were never married but his name was added to the birth certificate later for child support purposes. he has been in and out of jail and has very little contact with my daughter, maybe every few months by phone. when i asked him he said no. is there anything i can do without his permision?


Asked on 2/20/12, 8:52 am

1 Answer from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Not much. He apparently acknowledges his daughter even though he is not much of a father. Furthermore, since she is now 9 years old and your marriage is new, it wouldn't be prudent of the court to allow the name change without an adoption by your new husband. You would have a better chance trying to have bio-Dad declared unfit and his rights terminated for the purpose of your new husband adopting your daughter than you would have with a simple name change.

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Answered on 2/20/12, 1:02 pm


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