Legal Question in Family Law in Massachusetts

Thanks for your question.

There are a couple distinct concepts here. The father's child support obligation will not end because you remarry. That obligation is one that he owes to the child. The father's child support is also not impacted by whether or not he has had visits with your daughter. Visitation and child support are different obligation and not dependent upon one another.

Lastly, you will not be able to change your daughter's name without her father's permission. Another important concept is that your new husband will be a step-father to your daughter, and does not acquire parental rights (and all that go with them, inheritance, etc.) by way of his marriage to you.

What we recommend in a situation like this is that - assuming it is something you want and is in the best interests of your daughter - that your husband adopt your daughter. This process is referred to as a step-parent or co-parent adoption and it would require that the child's biological father relinquish his parental rights or have them terminated.

Please do not hesitate to contact my office should you have any questions.