Legal Question in Family Law in South Carolina

My step daughter, who is 11 years old, has no interaction with her biological father. He does, however, pay child support periodically. She permanately resides in my home where I have married her mother. She is 1 of 3 children and wants my last name. She currently has her mothers last name because she was born out of wedlock while her mother was 16. Her biological father is on the birth certificate, and he has visitation rights, but chooses not to take advantage in over 13 months, My wife does indeed have full custody. Can my wife and I go through the legal system to change my step daughter's last name (Mother's Maiden Name) to my last name.


Asked on 12/14/09, 3:34 pm

1 Answer from Attorneys
Russell W. Hall III The Office of Russell W. Hall III

South Carolina has the legal means to change a child's last name. For you to do so you will be required to file a petition and serve the petition on the biological father. In addition, you will be required to hire a Guardian ad Litem to look out for the best interest of your child during the process. Finally, you will need to have a hearing in the court and have a court order the name to be changed. If you wish to discuss this further, please contact me at 843-267-0906. Good luck and God Bless.

Read more
Answered on 12/19/09, 3:46 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in South Carolina