Q: I have sole custody of my daughter and her father has not paid child
support he is supposed to but never has. Do I need his permission to
change her last name to my current husbands last name? Also, will he
still have to pay child support if this happens? Keep in mind I am in
New York and he is in Alabama as my current husband is military but we
are getting out in February 2015.
A: David's Answer: Generally you would need to do a
change-of-name proceeding in which you would need to serve your
ex-husband with the summons. That said, you may wish to consider having
your current husband adopt your daughter. If the father is relatively
uninvolved, it shouldn't be a problem. Schedule a consult with a Family
Law attorney in your area for a full assessment.
-- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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