Changing a childs name -Help needed.

Pooky

Basic background info.

I have 2 daughters with my ex husband, they are aged 11 and 8. They both want to change their surnames to that of mine and my husbands....In fact they've wanted to change them since we got married 5 years ago. Their biological father has refused every time they've asked (we were married at the time of both their births). My new husband has parental responsibility - obtained via court order.

Both DD's decided to cease contact with him around 6 months ago, he continues to pay maintenance but has moved and I do not have a new address for him. He didn't send xmas or birthday cards or girst at DD's requests.

DD1 starts secondary school in September and is desperate to have her name changed before she starts, the current primary school are very good and let them use my name but it has caused problems with taunting and bullying as to why they have 2 names....they've dealt with this so far but I can only see it increase when they reach 2ndary level.

I know there is little point in asking ex again but understand that I can apply for a court order to change them, DD1 being aged 11 would be able to have her say.

Just wondered if any one can point me in the right direction for making an application to the court or is it best done through a solicitor.....Or does anyone have any experience of this??

Thanks

kelloggs36

They can be known as any name you wish so long as it isn't for fraudulent purposes. So the school could be given their 'real' names and then have a note that they should be known as your surname. When they reach the age of 18 they can both change their names themselves by deedpoll. That is what we did with my daughter. Her bank account is in her official name, but the school refer to her by her known as name.

isualive

I did the same as Kelloggs and the school and dr's were fine about it. Just recently changed my 18 yr old sons by deed poll.

good luck

thesaint

You can change a child's name by deed poll if you can show that you have tried to contact your daughter's father without success.
You would have to show that you have tried his last known address, contacted his relatives and his friends etc.
You woulkd also have to show that he has no interest i.e not making maintenance payments, not sending presents.

So in your case this is not applicable.

Your children would have to wait until age 16 if he does not consent.

You say that your daughter at age 3 wanted to change her name. Am I right? This would seem to be a sympton of something more serious than a name change.

loftus

Pooky wrote:

Basic background info.

I have 2 daughters with my ex husband, they are aged 11 and 8. They both want to change their surnames to that of mine and my husbands....In fact they've wanted to change them since we got married 5 years ago. Their biological father has refused every time they've asked (we were married at the time of both their births). My new husband has parental responsibility - obtained via court order.

Both DD's decided to cease contact with him around 6 months ago, he continues to pay maintenance but has moved and I do not have a new address for him. He didn't send xmas or birthday cards or girst at DD's requests.

DD1 starts secondary school in September and is desperate to have her name changed before she starts, the current primary school are very good and let them use my name but it has caused problems with taunting and bullying as to why they have 2 names....they've dealt with this so far but I can only see it increase when they reach 2ndary level.

I know there is little point in asking ex again but understand that I can apply for a court order to change them, DD1 being aged 11 would be able to have her say.

Just wondered if any one can point me in the right direction for making an application to the court or is it best done through a solicitor.....Or does anyone have any experience of this??

Thanks

I know its a bit off topic but why did your DD's decide to cease contact? His continuing to pay maintenance and not wanting their names changed seems to indicate a desire for involvement in their lives. I would have thought a relationship with their father - unless there was violence or abuse involved - was desirable.

Allison

Your daughters can be *known as* what they like, change their surnames at your GP (You will get a medical card in that name) then notify the school. Everything else will follow.

They can then in their own right change their name by deed poll at 16 years of age.

Sarahsaver

Pooky how did your hubby get parental responsibility? I am in a similar situation, my boys' sperm donor is slithering around in the USA somewhere not had any contact since 2002.

thesaint

The Doctor may or may not allow the change of name on a medical card. Even if the O.P. managed to change the names by deed poll, the Doctor still may not accept it because they may not be satisfied that there was enough effort in tracing the biological father.


Sarahsaver, Your new partner could adopt your boy(s), this would give him parental responsibility. Your son's biological father would still retain parental responsibility

Becles

thesaint wrote:

Sarahsaver, Your new partner could adopt your boy(s), this would give him parental responsibility. Your son's biological father would still retain parental responsibility

I don't think that is right. I think if the step parent adopts, the all ties with the absent parent are cut, so they lose parental responsibility.

Sarahsaver, your new hubby can apply to the court for parental responsibiliy or he can apply for a residence order which gives automatic parental responsibility. We are looking into this as ex won't agree to my hubby having parental responsibility out of sheer spite

MissBehaving

Can I ask a question that is along a similar line.

My OH is my DD biological father. However, when I had DD I had only known OH for just over a year. He was working in Ireland and I was not sure if the relationship would last.
I named DD with my surname. However, OH is on DD birth cirtificate as father.

If OH and I got married, how would we change my daughters name? Someone told me that OH would have to 'adopt' her!! Surely this is not correct!

Becles

You can just change it by deed poll as OH has parental responsibility and he'll be in favour of the name change.