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Q: Child Name Changed without Permission ( No Answer,   5 Comments )
Question  
Subject: Child Name Changed without Permission
Category: Family and Home > Parenting
Asked by: cvdmushy-ga
List Price: $25.00
Posted: 20 Jul 2005 10:00 PDT
Expires: 01 Aug 2005 05:57 PDT
Question ID: 545832
My daughter's mother and I were not married at the time of her birth,
however we did both sign the form at the hospital to establish
paternity.  My last name was given to her at birth at put on her birth
certificate.

I was sent to prison for a period of time around the time my daughter
was 2, and subsequently her mother met someone else and moved on.  My
question is this, when I was in prison, she got married and changed my
daughter's name to her new husband's last name,  was that legal?

I did not concent nor was I notified of a court date to fight this
from happening.  We never established support and she moved my
daughter out of the state.  I had no way of supporting her while I was
in jail due to her disappearance.

Do I have rights as her punative father to request her name be changed
back to mine?  The web sites I have read are mostly in regards to
adoption, but I can't find anything specific to just name changes.

I live in NJ, my daughter was moved to PA.

Thank you for any help you may be able to provide me.
MPM

Request for Question Clarification by kriswrite-ga on 20 Jul 2005 10:15 PDT
What state was your child born in? And what is her name on her birth certificate?

Thanks,
Kriswrite

Request for Question Clarification by kriswrite-ga on 20 Jul 2005 10:27 PDT
I should clarify that I don't need your child's full name--just her
surname (last name) on her birth certificate.

Kriswrite

Clarification of Question by cvdmushy-ga on 20 Jul 2005 10:30 PDT
She was born in New Jersey. Her last name on the birth certificate at
the time she was born was Malec, it has since been changed to Head
without my permission.

Request for Question Clarification by kriswrite-ga on 20 Jul 2005 10:31 PDT
I should clarify that I don't need your child's full name--just her
surname (last name) on her birth certificate. Was it your surname, or her mother's?

Kriswrite

Clarification of Question by cvdmushy-ga on 20 Jul 2005 12:29 PDT
The surname on her original birth certificate was mine(Malec) It has
recently been changed to her mother's new husbad's last name(Head).
Answer  
There is no answer at this time.

Comments  
Subject: Re: Child Name Changed without Permission
From: kriswrite-ga on 20 Jul 2005 11:44 PDT
 
I was unable to find a definitive answer to your question; perhaps
another Researcher will be able to help you. In the meantime, this
article may be of interest:

http://www.gate.net/~liz/fathers/free.htm

Kind regards,
Kriswrite
Subject: Re: Child Name Changed without Permission
From: cvdmushy-ga on 20 Jul 2005 12:05 PDT
 
Are you passing this on to another person or do I have to pay another
fee for research?
Subject: Re: Child Name Changed without Permission
From: pinkfreud-ga on 20 Jul 2005 12:34 PDT
 
cvdmushy-ga,

Comments and requests for clarification are totally free. Until an
official Answer is posted, your account is charged only the fifty-cent
listing fee.
Subject: Re: Child Name Changed without Permission
From: cvdmushy-ga on 25 Jul 2005 12:13 PDT
 
Is there any progress on this question?
Subject: Re: Child Name Changed without Permission
From: elwtee-ga on 30 Jul 2005 09:10 PDT
 
While I can recognize the underlying cause of your frustration, while
I can sympathize with your indignation, while I can even understand
your inclination to demand fair and just treatment under the law, I
also can?t help but tell you, that in my opinion you are going about
this all wrong.

Your little girl has already been given a full dose of modern day
family life. Unwed parents, absentee father, incarcerated father,
single parent living, mom?s new man in her life, step-parents, long
distance relocation, and a name change, that we know about from your
question. Isn?t that enough for a while for one little girl?

I?m not saying you?re wrong in thinking your rights may have been
violated. I?m not even saying your wrong for being mad about it. I am
asking you if as a father, you really believe the fight you are
seeking to engage in is in her best interest. Is this your anger and
frustration or is this a bona fide attempt to improve the life of your
child. I think we both know the answer to that question. Maybe what
you should do is forget the name and concentrate on the child.

A child isn?t a piece of real estate you stick the flag in and
proclaim ownership for the queen. What a child seeks and needs most is
a sense of consistency and stability, a sense of well being, and the
psychological comfort born of the knowledge that someone cares about
them. If you accept that basic theory, how can you not stop a minute
and question your own motives and implied actions. Hypothetical
question: assuming you are 100% correct and your rights have been
trampled. You go to court and your attorney beats up their attorney
mercilessly.  In winning your case you now enforce your hard won right
to re-change your child?s surname back to yours at school, at the
doctor, in the girl scouts, with her friends, everywhere and anywhere
she exists. She will change her name again and now be known by your
last name. How have you improved her life? What stability, comfort,
well being, pleasure, lesson, insight, love or understanding have you
gifted her that will help her bond with you? There are many ways to be
right. In this case legally right probably isn?t the right way.

Why not take the time, energy, effort, and money that you seem willing
to commit to the re-name project and redirect it? Put it into being an
active, integral, interested, connected part of her life. Become
someone she can count on when things are tough and share the
highlights with when it?s all going her way. Be her daddy as well as
her father instead of being the guy at the other table in the
courtroom. You are irreversibly her father forever no matter what her
name is at school. Be her dad and you will share the joys of her life
not because a court order demands it but because you are an important
component thereof.  If you can come away with a heartfelt, ?I love you
dad? from your daughter, what difference to you where she is listed
alphabetically at school. If you do this right, they can take your
name away but they can never take your daughter.

Just an opinion from someone outside looking in.

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