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How can I change my daughters last name without requiring permission from my Ex who abandoned us?
My ex left about 6 years ago. He went to work and never came back, he also quit his job and disappeared leaving me to raise our 6 month old daughter and a son on the way. He called once in the first year to threaten to take me to court for a washer /dryer he had bought, I stated "Okay then see you there" and never heard from him again. I had attempted a few years ago to have her last name changed to mine but was told I needed to find him and get his permission. Well I have no idea where he is, and we have not moved. I just want her to have the same last name as myself and her brother. 2 children from the same parents yet different last names...It just bothers me. If there is anyone who knows where I can get information on this for Canada it would be appreciated.
12 Answers
- 1 decade agoFavorite Answer
You will have to go to a lawyer and file for a divorce.
After that you will need to send copy of your divorce papers along with the name change information. Also include a note from your lawyer stating that your ex hasn't contacted you in 6 years.
This should be sufficient, if not please feel free to email me and I'll do what I can to help.
Which Province?
- ?Lv 71 decade ago
Laws and procedures vary be state. In California, you would need to file a petition for a name change with the court and give the father notice of the hearing. Consult a local attorney.
- 1 decade ago
I'm sorry I'm not from Canada but I had changed my daughters name without her father knowing anything about it. What you have to do is post the name change in a news paper. If you are concerned that he will protest it pick a paper you dont think he will read. You just have to prove that you have posted it somewhere. Check that out and see if that will work.
- lilAudreyLv 61 decade ago
I don't know how the laws are where ur at but in most cases I would say u can't. Why not try and find him? If he's not paid support and obviously he's not chances are he would agree to if nothing else to get out of paying back support to today. My son married a girl who already had a little girl, after a couple of yrs my Grandaughter ask him to adopt her. She wanted to have the same name as her Mom and of course have a Dad. My Daughter in law ask her ex (who paid pratically nothing) he agreed. Needless to say it cost about $1,000 or so but my son adopted her. They all had to go before a judge and all but it worked out. My advise would be to talk to an Attorney (sometimes they're rates will be cheaper for cases like this).
Anyway Goodluck and Godbless You
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- Anonymous1 decade ago
You don't have to legally change her name to start using a different one. The law allows you to use any name you please, as long as it's not being done to break the law. So a mother who wants both of her children to be known by her name, has every right to do so, as long as her legal name remains that on her birth certificate. While your daughter is only 6 years old it should be easy to get the last name changed for her school. Getting your provincial health card changed may be a little sticky, but what does it hurt to ask?
- 1 decade ago
first of all, you could consult an attorney.
i'm not sure how it works in canada, but here in the states, you can divorce someone and not know their whereabouts. all you have to do is prove they're not around: put an ad in the paper (classifieds) announcing that you want to change your daughter's name to yours and want him to show up at the proceedings. if he doesn't, you have the proof that he's abandoned you. i'm not sure how much time you have to wait - probably 60 days - for an answer. an attorney can answer this for you, too.
i know here in the states, you can consult an attorney for free consult for 15 minutes in many places. i'd do just that if you can in canada.
good luck.
- SalemLv 51 decade ago
Depending on what state you are in, you can sue to have her name changed and have him served by a Warning Order Attorney. This is a legal loophole to help people like you.
- LindsLv 71 decade ago
Contact a lawyer. If he has not made any contact in a certain ammount of years and has not gave you any ammount of child support. The court maybe able to allow you to make the change since he is not around. I know it's possible, but I know it has to be a certain ammount of years, for them to make the change.
Source(s): Free legal advice http://forum.freeadvice.com/index.php? - Anonymous1 decade ago
Contact you local Hizbollah group in Canada they can change names for $10.