Legal Question in Family Law in Massachusetts
Minor Name Change
My daughter was sexually abused by her father, my ex husband. When I got divorced, I went back to my maiden name, which, at the time, I did not think it would, my daughter was extremely upset and wants to change her name as well. Her father is in prison for the crimes he committed against her, as well as other crimes. He is not allowed to have any contact with her as she is a victim, however, he has made it very dificult for me regarding her during our divorce etc. Should I be able to change her last name without his permission?
2 Answers from Attorneys
: Minor Name Change
You can petition the court, and seek approval. It would be even easier if the father consented.
Re: Minor Name Change
What you SHOULD be able to do is not the issue.
What you MUST do is file a petition with the Probate and Family Court. He will be entitled to notice, and he will make it difficult. However, he -will- lose, almost certainly, based on the facts you describe.
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