Q: How to change child's last name if the mother disagrees when I have custody in ME?
I have custody of my 9-year-old child, while the mother has visitation rights. The mother chose the child's last name without consulting me when the child was born. I want to change my child's last name, but the mother does not agree. What legal steps can I take to change my child's last name given that the child's mother disagrees?
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A:
In Maine, to change your child's last name, you will need to file a petition with the court. Since the mother disagrees, you will need to provide a strong reason for why the change is in the best interest of the child. Courts typically consider factors such as the child’s relationship with both parents and how the name change might affect their emotional well-being.
Since you have custody, your petition should include details about your custody arrangement and why you believe the name change is important. The court will also take the mother's objections into account, and she may be asked to present her reasons for not agreeing to the change.
It’s important to show that the name change will benefit the child in some way, such as fostering a sense of identity or stability. If the court agrees, they will issue an order to change the name. You may want to consult with an attorney to ensure the petition is filed correctly and to help you present the best case possible.
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