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Name Change
Can my ex change our child's last name without notifying me?

Can my ex change our child's last name without notifying me?

Full question:

We were married, had a little girl, and divorced in SC. She moved immediately with our child to Virginia when the baby was 2 years old. Currently child is 11 years old. I have not seen my child in 8 years but pay child support monthly, never missing a payment. Just found the EX on Facebook (her profile states that she has been married for 10 years) - she never communicated that to me. She also lists my child's name in her profile with the new husband's last name. Upon further investigation into her profile, found my daughter on Facebook with that LAST NAME, so it looks legal. QUESTION: Can she change my child's last name without my notification and if so, would it be by adoption or just a legal name change???

Category: Name Change
Date: 04/07/2025
State: South Carolina

Answer:

No, a child’s last name cannot be changed without notifying the other parent. If the other parent wants to change the child's name legally, they must file a petition with the court. You will be given notice of this petition and have the opportunity to object. If you do object, a hearing will be held to determine if the name change is in the child's best interest.

Additionally, a child cannot be adopted without notifying the other parent. This is outlined in Virginia law, specifically in § 8.01-217, which requires that both parents be informed and allowed to participate in the process.

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.

FAQs

Is it adultery if you are separated in SC?

In South Carolina, adultery is defined as engaging in sexual relations with someone other than your spouse while still legally married. Being separated does not automatically exempt one from being considered an adulterer. If you are still legally married and have not finalized your divorce, any sexual relationship with another person could potentially be classified as adultery. This can impact divorce proceedings, especially regarding alimony and custody. It's advisable to consult with a legal professional for specific guidance related to your situation.

Can I stop my wife from moving away with my child?

In South Carolina, if you share custody of your child, your wife cannot move away with your child without notifying you and potentially obtaining court approval. You may file a motion to prevent the move if it is not in the child's best interest. Courts typically consider factors such as the child's relationship with both parents and the reasons for the move. Legal advice is recommended to navigate this situation effectively.

What is the definition of an unstable parent?

An unstable parent is generally someone whose behavior or circumstances may negatively affect their ability to provide a safe and supportive environment for their child. This can include issues like substance abuse, mental health problems, or inconsistent parenting practices. In custody cases, courts assess stability by looking at the parent's living situation, emotional health, and ability to meet the child's needs. If you have concerns about a parent's stability, documenting specific behaviors can be useful in legal proceedings.

What is the biggest mistake in a custody battle?

One of the biggest mistakes in a custody battle is failing to prioritize the child's best interests. Parents may become overly focused on winning or proving a point, which can lead to negative outcomes for the child. Additionally, not adhering to court orders or failing to communicate effectively with the other parent can harm your case. It's crucial to remain calm, document interactions, and seek legal advice to navigate the complexities of custody disputes.