Legal Question in Family Law in Virginia

Re: fathers right to have child bear his last name

There are a couple of factors that might influence whether or not you would be successful in your requests to have your daughters' last names changed. As the natural father and an "interested party" you have the ability to petition the court and request that thier name be changed. You indicated you were on the birth certificate, it would be helpful to know if you also have joint legal custody of the children. The court will look at a number of factors to determine whether or not it is in the children's best interest to have thier last names changed. While your ex-wife's behavior seems dubious in that she has changed her name so frequently in such a short period of time the better question is what best interests of the children will be served by taking your last name. While your wife might be strengthening her position by adopting the last name that your children currently have. You have standing to request a name change for your children. However your more prudent course of action may be to seek such change under the guise of a global request for a modification of custody or visitation.

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