Can Ex Legally Change Daughter’s Last Name Without Consent?

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“Can my ex-wife change my daughter’s last name without my consent? A few years back I got into some trouble because of poor decisions on my part.  Ultimately I had to register as a sex offender.  I did not go to prison and I did not lose visitation rights to my kids, in fact I still have custody of my son.  However, my ex-wife has completely brainwashed my daughter and will not let me see her.  She also has her using her stepdad’s last name.  Is this legal or can I sue my ex-wife and the public school for letting my daughter use anything but her legal name?”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

If your ex-wife is in violation of the standing custody order and you cannot work out an agreement outside of court, you may need to petition the Court to enforce the terms of the current custody order, and to require the mother to use your daughter’s legal last name. If the school is unaware that her name has not been legally changed, it may be beneficial to open the lines of communication and let them know.  Contact a family law attorney in your area to go over your options and to help guide you through the process.

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Author: House Attorney

A house attorney has answered this question.