Legal Question in Family Law in Washington

Surname alteration

I am aware that people can use any name they choose to unless it is for illegal activity or for use on legal documentaion. Is it legal however, for a Mother with Custody of the children to alter the childrens last names to include her new husbands name with hyphenation, or at times completely excluding the childrens given name in areas such as school, daycare, and Dr.s? The Father has joint decision making in all areas of the childrens lives, and has not given permission for his childrens names to be altered. Also, the Mother has not made the alteration with the approval of any court, she has done so on her own.


Asked on 7/09/03, 3:56 pm

1 Answer from Attorneys
Jahnis Abelite ABELITE LAW OFFICES, P.S.

Re: Surname alteration

A custodial parent may not change the name of a child without the consent of the non-custodial parent. The only other way to have the name of a child changed legally is for the child to be adopted or for a court order to issue otherwise after a hearing before a judge or court commissioner. If the custodial parent has changed the name without the other parent's consent, then that other parent should make written demand upon the custodial parent to change the name back to the legal one. If that doesn't happen, then the only other alternatives are dispute resolution per the parenting plan and then court action.

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Answered on 7/10/03, 3:02 pm


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