Can I get my daughters last name changed without her dads consent?

My babydad wants nothing to do with our daughter he refuses to be involved he’s even mentioned signing over his rights for her (because he doesn’t want the responsibility or to pay child support anymore) he spends all his time with his son from a previous relationship and only wants to be involved with his son. I don’t want him signing his rights over just have her last name changed. Does anybody know how I’d be able to get that done? (with or without his consent)


Not until rights have been signed over. Until then he must give consent.

In some states, it doesn’t matter if he signs over rights or not. He would still be considered the noncustodial parent and would still have to pay child support.


If he signs over rights, sometimes the government automatically changes the childs last names. No rights means no last name rights.

You have to have consent unless rights were given up

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He would have to agree with it and even if he were to sign his rights over it wouldn’t get him out of paying child support.


Where I live (not sure if it’s the same everywhere) you have to have both parents consent to change a child’s name.

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You can change her name but he needs to sign a paper he dosent need to sign over his rights to do this …when I was younger my mom. Put an add in paper for him my dad to show up for court due to not knowing where he was never answered so we got our last name changed without him signing .go to your local court house and get info its it’s really not that hard to change

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I think you just have write a letter to notify him that he changed his last name.

I didn’t need consent from my child’s father cause there was a previous domestic charge between us and I have custody. One of my friends forged her kids dads name, but I don’t recommend that and that was 15 years ago :joy:

In Florida Abandonment is the loophole…if he is not involved then he has no say. They will search and inquire but if you have proof he has abandoned her you can change it. Google your state laws on this

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If he wants nothing to do with child why not let him give up his rights???


I think he has to sign his rights over to get her name changed but I’m not really for sure

He’s obligated to pay child support regardless of visitation and rights in most states I’m pretty sure. As far as the name change, in a lot states if he’s on the birth certificate, you need his approval. I think this is true even if you have sole legal custody but I’m not 100% sure and I think it varies state to state.

So he can’t just sign off his kid. There has to be someone to assume that position if he gives it up. However… if he already doesnt want to be around why not just talk to him and get his consent and move forward.

It’s possible but not likely. If he contests for any reason, you’d have to have a really strong argument as to why her having that last name would be a detriment to her. Judges will usually only over ride the other parent’s consent if it’s something really bad (something like dad or other family member with that last name was in the local news for a terrible crime and you fear your child will receive community backlash - like that kind of bad)
Also most states don’t allow a parent to give up rights unless there is a other step parent that you are legally married to that is willing to assume the rights and responsibility for the child

Yes!!! He had to be notified but you do not need him to sign off on it!!

No. You sure can’t he has to consent and sign the papers too sorry

Doing it now for my son and you need his consent. My sons dad is serving life in prison and we still had to have his signature/consent

yes u can change the childs name u just have to file the proper forms to have it done…u cant take his name off or have his rights terminated without cause. but u can change her name if u choose to. (u need to petition for change of name, have all her forms, and a verify the residency for ur state.)

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We just had my grandson changed and the dad had to be there to agree

Where I live if your were never married you can change your daughter’s name without him. And I’m not sure how the signing over rights work I think you both have to agree on it which i wouldn’t he don’t want to be in her life it’s whatever but he still needs to help financially.

Call your local court house and ask them

Legally he has to sign a waiver saying it’s ok. If he doesn’t want anything to do with her then let him sign away. Although if your on state assistance they might not accept it.

Is he on the birth certificate?

Depends on your state… Indiana you can try without consent but have to have good reason … Check your state website or call courthouse

I did! I got a lawyer , he has to be served papers and you go before the judge and tell them why . Mine didn’t show for court so I didn’t have any trouble.


Here in Georgia if you can prove he has abandoned the child for 5 years you can change it without consent

If the baby is under six months you may be able to just call the state and get the birth certificate changed.

In Arizona, if he has parental rights you need to get his consent. Laws regarding this vary by state so i would suggest finding out for your own state.

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Did he sign birth certificate. Is paternity established. He will not be able to sign over rights unless there is someone else that wants to adopt.

It depends where you live 100%… Some states the dad has to sign off, in others they don’t if you were never married. Some states the dads have equal rights, some states they have next to none. Where are you?

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For instance, I’m from Indiana and it can be changed without consent here. Just depends

Here it doesn’t work like that at all. Offer him the ability to sign his rights over if he consents to name change. Signing rights over is separate from child support so if you are worried about that, you can still get child support even after he signs his rights over.

If he’s on the birth certificate you need his consent
Also most states won’t let a parent voluntarily give up their parental rights unless there is another parental figure ready to adopt and take financially

Food for thought!!! Let just the baby daddy should happen to pass a way before baby is 18. It may be hard for the child to get Survivor benefits. Maybe. But i don’t wish anything bad to happen to him.

I would let him do as he wishes… Take that little girl of yours, love her with all your might and go, have a great life…
Why would you want her to grow up feeling rejection and resentment… he will be the only one losing out here…

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First, it doesn’t matter if he signs his rights away he will still have to pay child support. So he can kiss that wish goodbye(pos).
I would say just talk to the courts first. I’m almost sure though he’d have to consent though.

You need his consent unless you have a valid reason and valid attempts to contact him to obtain his consent. My ex hadn’t seen or talked to the kids in years and was in and out of prison, homeless and an active drug addict.

I don’t think you get to have your cake and eat it too. If he wants to sign over parental rights but you won’t agree because you want the child support, but then you want to change her last name, I don’t think it’s going to work out in your favour. You’re probably going to give him what he wants so you can get what you want.

If he wants to sign his rights over let him. Itll be less of a heartbreak now than when your daughter is older. Plus yoy could get him out of your life for good.

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I changed my daughters name, then when I registered my son 5 years later I told them I’d done it and is there any paperwork I have to fill out and they said no shes been known by her name for so long it’s legal. However her birth certificate is her name she was born with. I’m in UK

Yeah let him sign her over then change her name. But also write her a letter explaining her father who he is etc. for when she is ready

If your daughter has a Dad who is willing just sign away his own child for the sake of avoiding responsibility or payments, and doesn’t want to be involved, then by all means… let him sign away his rights! Take that little baby and forward in life without him on any level. He doesn’t deserve her.

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Yes, if in the uk, it can be change for as little as £15 but the surname will always remain on the birth certificate and passport x

Even if he signs over his rights he still has to pay child support, that’s how it works in NC anyway. Don’t let him get out of it that easily, kids are expensive.


I would agree that his sorry butt could sign away his rights- AFTER he did a Video or letter ( preferably Video so she could identify his sorry behind) to his Daughter explaining Why he didn’t want her or his rights to her anymore … So you want to get out of child support- Responsibility- Love- etc… Then you tell her why you don’t want her because thats on you NOT me… then get him off anything and everything- God forbid something happened to the Momma & this man (pos) get the child THEN WHAT…

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I’ve been through this process. He doesn’t need to do anything. They will run an ad in the paper of his last known residence, It’s his responsibility to show up and challenge it if he doesn’t want it changed.

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If I was you is let him sign away! My son’s blood father has never wanted anything to do with my son from the age of 1 he is now 9 having heard from him and I’d love to change his first and last name and get a passport for him but I can’t do any of that because he refuses to let my son have a passport for holiday purposes and won’t sign over his rights. Only way I can do it is If I go full custody.

Depending on your state, a parent can’t sign over rights just bc they don’t want to be a parent. The judge will deny it. As far as your question goes, I’m not sure. Wishing you the best of luck though!

You need legal advice from where you live. Each country ,state has their own rules ,laws . Most lawyers will consult with you for free first 30 minutes. Call and ask .You dont need f.b. advice.Good luck little momma .God bless You all.

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I don’t have either of my parents last name and it never bothered me never really even thought about it I guess it is kind of odd but just saying it never bothered me and my step father helped raise me but never adopted me and I never really realized a difference in that either and I wouldnt let him sign over his rights to get out of support he helped create the child if he’s not going to be in their life he should at least be providing financial support why should a mother carry the entire weight of raising a child because the father doesn’t want one after the fact now if he goes for custody

This is another reason to not have unprotected sex, especially during the first one or two years of knowing each other. You just never know how your partner is going to turn out


Just went through this for a different reason my sons father was absent for his life and my husband ( his stepdad) raised him when he turned 18 he went to the courthouse signed a paper judge signed it and he took my husbands last name on his own…

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Let him do what he wants. It’ll be better for the little one in the long run and DO NOT i repeat DO NOT FORCE THAT BABY TO HAVE A RELATIONSHIP WITH HER FATHER!!! You will regret it.

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Every place has different rules and alot of places will still want his consent for it.

You need his permission. I would let him sign off his rights. Cause atleast in the state I’m from if he willingly signs off hes still not off the hook for child support. But I wouldn’t tell him that lol. Otherwise the other one is by taking him to court yourself to strip his rights and if he dont bother to show to those then eventually you win that and then he wouldn’t have to pay I believe. And then you could change her name

You cant change a name without fathers consent

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If he signs over all parental rights then yes

Hey I’m paralegal. Just because he signs over his rights doesn’t mean he will get out of paying child support! Ha! Don’t tell him that! Let him sign his rights over and change her last name. He will still have to pay.


As far as this goes it’s necessary to get his consent. He is that child’s father. Nonetheless changing the last name will not change the fact that he is her father. None of us mothers know when or where they will meet again. They will probably have contact years later. Maybe he will realize how wrong he was. It’s not up to us to get in between that fact. The name change can be done with his consent. Is there a purpose behind it? Does the current last name produce an real problem for the child? Did the current last name have anything to do with the mother and how she feels on a personal level? Where is the need to change the child’s name??

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Most judges wont terminate parental rights unless there is someone else that is going to adopt or commit to supporting the child in his place. Hes not going to just get out of paying child support.

Honestly you will get more help with government assistance without the child support anyways. Sadly just because he is court ordered to pay cs doesn’t mean he will. My ex husband is court ordered to pay and still doesn’t. Every time I find for enforcement they give him a slap on the wrist. To be honest… it’s not worth the hassle. I say tell him bye Felipe!!

I’m not positive but I’m pretty sure you need the other parent’s consent unless you have sole legal and physical custody

Have him sign over his rights. Before 1 day he just decides to fight you in court.

If he signs iver, you can change the name without his consent. If he has his rights, you need his permission.

I changed my sons name without the fathers consent! As long as it’s not listed in the court orders saying it’s something you can’t do then you’re good!

He’s gonna be salty af when he tries to sign over those rights and realizes he still has to pay child support :joy::joy::joy:

Go to court house you’ll have paper to fill out then will have to put it in the paper for 30 days to see if any one turns it down if not then you call courts for father instructions it’s very costly. We did this with my bonus daughter her dad has cousdy of and she has her birth mom’s last name just for putting it in news paper was 246$

You want to keep the child support but erase her father’s last name. What is the purpose behind it? Is this for your daughters well being or for you? I don’t think this will change anything with regards to her life. Her bloodline will always be there.

My uncle’s b**** ex manipulated the law into changing their kids’ last names without his consent. But without major connections you’ll likely need consent

I’d suggest consulting with a lawyer. I’m not sure that child support stops just because he won’t have custody.

It’s not going to get any better…take him to court

Have him sign over his rights. He doesn’t want to be involved, why force him? Then you can make all the decisions you want without worrying about his opinion

When she’s 18 you guys can go to family court and get her last name changed

Her last name is her birthright. Wait until she is old enough and ask her.

My stepson went before a judge, and changed his own name .maybe because his mother never put one on his birth certificate No first name.

Yes. You can. I’m in Wisconsin and changed my sons last name. There is a process. You go to your county clerk. She will give the paperwork to you. Then you go to your local paper and have to put an affidavit in your local paper giving anyone that objects the opportunity to come fight it in court. They’ll serve papers to the father saying what is happening. Then you have your day in court to fight it out. If he doesn’t show then the name change usually goes through and you will have to take your court papers to social security and get a new card and such.

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Nope. He has to agree. If to court you go. First you have to sue for sole legal and physical custody. If you win that, then the next step proving no contact. Different states vary.
My daughter got her sons name changed legally under abandonment. He was 5 by the time it was done.

Obviously, it depends on what state you’re in. Your best bet is to consult an attorney. From my non-attorney understanding after researching for my own kids, in Oklahoma you can hyphenate the last name with a new last name without the other parent’s permission or notification. There is a also the alienation ruling that would allow you to terminate rights and allow a step-parent to adopt (and change the child’s last name accordingly) if certain parameters are met. Again, so far as I’ve seen, none of us responding are attorneys and the laws vary by state. Hopefully our information will help point you in the right direction though. Good luck!!


I know in Texas he cannot sign his rights over unless someone is up ready and willing to adopt a child and that has to go in front of a judge and no you cannot change her name without his consent and that also has to go in front of a judge


I didn’t read all the comments so my answer might duplicate someone else’s. I’ve been through the process in Ohio, but I was changing my son’s last name from mine to his father’s. The process is still the same. You file for the name change at the courthouse. They will put it in the newspapers to give the father the opportunity to object. If the father doesn’t contest, they’ll go forward with the name change.

In MS both legal parents have to agree. You can look up information online based on your state, but I would highly suggest consulting with an attorney. (There are some that are good & offer free consultation & that’s what you want)

You can have him sign over his right but still have him pay child support…signing over his rights just means he has no say anymore, my ex husband did it with his second daughter (baby mama after me) however if she carries his name he has to agree to the name change…we are going through this now with my middle daughter…she’s 21 and doesn’t want her fathers last name but he won’t agree to have my husband adopt her.

In Louisiana, he has to agree and sign away his rights

He can refuse his rights but he’ll still have to pay up.

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Just let him sign over his rights a parent who doesn’t want to be involved shouldn’t have any rights

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Go talk to someone at juvenile court. They’ll tell you who you need to talk to.

No you can’t change name unless he signs his rights over in Indiana.