Q: Do I need consent from my daughter’s biological father to change her last name? We live in Nj. No contact in 10yrs
A: I am going to suggest that you sit down with a family law attorney to discuss the filing of this type of application. We have handled this type of issue and it can be filed without the other parents' consent but presume that you will need to provide the court with a detailed certification explaining the reason for the name change, the details as to the absence of relationship between the other parent and your child and your efforts to obtain his / her consent for the name change.
A: Thank you for your question. It depends on the status of custody regarding your daughter. If her biological father continues to have joint legal custody, he should technically be consulted on any proposed name change and his consent should be obtained for same. If you have sole legal custody, there should be no issue with changing the child’s name without his consent.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.