Full question:
My daughter - 15 years old wants to change her last name to her step-father's name. I am opposed until she turns 18 and then she can do what she wants. I have always paid the child support as regulated tried to maintain all visitation rights, and my-Ex wants me to continue to pay child support as directed in the papers. My daughter moved state to state with my-ex for about ten years average of 2000 miles away. However, I maintained continual contact to include her grandparents, gifts, presents, phone calls, etc. They now live in Oregon and filed a petition for her to change her name to the step-father's but do not want to adopt. She has two other younger sisters which have the name of what she wants to change to. What is the normal ruling on this as we will send in objection papers. I prefer her not to do it at all - but going to court we are. Thank you.
- Category: Name Change
- Date:
- State: Washington
Answer:
A petition to change a minor's name can be filed by the minor, a parent, or a guardian in Family Court. The petition is submitted in the County Court or the Supreme Court where you reside. The other parent must be notified and has the right to object to the name change during the hearing.
The court will evaluate whether there is a valid reason to deny the name change. This includes ensuring the request isn't intended to evade creditors, obstruct legal matters, or commit fraud. If you object, you must present evidence showing that keeping your daughter's current name is in her best interests.
If the other parent lives in a different state, notice must be sent by registered mail to their last known address. If they cannot be located despite reasonable efforts, the court may allow notice to be given in another way, such as through publication in a newspaper.
To decide if the name change is in the child's best interests, the court considers several factors, including how long the child has used their current name, their sense of belonging to a family unit, any potential emotional issues from having a different surname than the custodial parent, and the child's own preference if they are old enough to express it. Ultimately, the court will make a subjective determination based on the specific facts of the case.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.