Legal Question in Family Law in Virginia
Do I have the right or reasonable grounds to change my daughter's last name?
When my daughter was born my ex gave her her husbands last name and also put him on the birth certificate as the father. She also put her married name on the birth certificate as her maiden name. Our daughter is almost 5 years old now but hasn't started school yet. I did get his name taken off the birth certificate and my name put on it and also got her married name changed to her maiden name. But now their is three different last names on the certificate. I have been involved with my daughter all her life and I'm not or haven't been behind in my support. We recently went back to court and we now have shared custody and I get our daughter 44% of the time. She has always been teaching our daughter to call her husband daddy, and teaches her to call me by my name. And everytime I say something to her about it, she just says that he is her father. Which really hurts. My ex makes it very hard for us to get along although I try my best because I never make a scene in front of our daughter and I also have never disrespected her mother in front of her. My question is should I try to change our daughters last name to mine for the simple fact that the mother is not willing to change her ways, and do you think the courts will agree with me.
1 Answer from Attorneys
Re: Do I have the right or reasonable grounds to change my daughter's last name?
No, for the reason which you've cited(i.e., "the mother is not willing to change her ways"), I do not believe that "courts" would agree with you that that is a reason sufficient to justify changing the surname of your daughter to your name.
Better come up with something more persuasive if you want her name changed(in my opinion).
The foregoing assumes that any petition that you might put before the circuit court to change your daughter's name to your name would be contested by her mother.
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