Q: How can I add an additional last name to my minor child?
I've been divorced for 11 years and have two children with my ex husband. Our oldest is currently 18 and in college, our youngest is 14 and resides in my household. My ex husband did not pay child support for 8 years, it wasn't until the state started garnishing his wages. He worked during the 8 years but refused to pay or have anything to do with our children. As of today, he still has nothing to do with our children. He has seen our 14 year old once in two years. I am currently engaged to another man that has been my childrens father for the past 6 years. We plan on getting married in 2017. My 14 year old daughter has asked if she could have his, my fiancée, last name added to hers. She is very close to my fiancée and stated she wanted us to be a family of one, that she would keep her biological fathers last name but have my fiancées as well. She stated that she did not want to the outcast of our family because of her last name. Can I add my fiancées last name to my daughters?
A: Not without your ex-husband's consent or his parental rights are terminated or the children turn 18 and can do their own name change. Of the three possibilities, asking your ex-husband for consent is likely your best option but he likely won't consent since you went after child support. You also likely won't be successful in a petition to terminate his rights, especially if you go to Court with inconsistent testimony such as saying in one sentence "he still has nothing to do with our children" and then contradicting that in the very next sentence by saying "He has seen our 14 year old once in two years". As to the third option, what would be the point of changing the children's names once they are on their own. There is one finally possibility, you can consult with a local family law attorney to see if there is any other options - often there is more than one way to skin the proverbial cat and it never hurts to look into every possibility. Best of luck!
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