Legal Question in Family Law in Massachusetts

I'm looking to change my daughters last name to my new married name. Her father who is not in the picture anymore he doesn't even see her or have anything to do with her adopted her 4 years ago. She is 8 and she wants to have the same last name as mommy. What are my chances if changing her last name to mine and what do I have to do I was told I just have to file court papers and pay a court fee??


Asked on 10/16/14, 10:35 am

1 Answer from Attorneys

You need to file a Petition to change her name and your ex can object. If he does not object then the court will probably allow it.

You do not indicate if your ex pays child support for your daughter. Your ex may want a reduction in his child support obligation if he is going to relinquish his name voluntarily.

Since your daughter was adopted, the other issue is does your new husband want to adopt her.

If he does and you do not need or want child support from your ex, you can ask that he relinquish all his parental rights and allow your new husband to adopt her. He would not have any obligation to pay child support thereafter.

However, that is a more complex matter and you need an attorney to assist you with that.

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Answered on 10/16/14, 11:23 am


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