Legal Question in Family Law in Washington
Name change of minor = emancipation
My step daughter moved with her mother 2 years ago and she hasn't seen or spoken with her father in 2+ years. He has faithfully paid his child support inspite of no visitation, and asked the courts to at least supply him with information about how she is doing in school or where she is at, etc... She turned 18 last July and graduates in a week from High School. She is now asking for Post Secondary Support for college. She sent her transcript from High School along with her motion for continued support and we discovered that she changed her last name. Does this constitute emancipation from her father to change her last name and would it be out of line for the courts to deny her Post Secondary Support since she has had no contact with her father and doesn't even want to have his last name? Is there any case law that supports my crazy thoughts on this? Her father loves her, but we are putting her brother thru college(while he lives with us) and would like to end the support for his daughter until she at least contacts him and wants to have a relationship of some kind, now that she is of legal age. We would prefer to help her outside of the court system with her college. Thank you for your help in this matter.
1 Answer from Attorneys
Re: Name change of minor = emancipation
Support and visitation are two different issues. The factor that will control whether the daughter may be successful in requesting post secondary education support is what the previous order of support indicated for post secondary support.