Legal Question in Family Law in Oklahoma

Changing my last name & child's last name

I know legally after a divorce I can change my name back to my maiden name, but can I change my daughters, she is two year's old. I had her before him and I were ever married, he is on her birth certificate & I decided to give her his last name. We were married 1 year & 8 months. The 8th month we got divorced. Can I change her name also, to my maiden name? Will Oklahoma courts allow this?


Asked on 11/24/08, 7:58 pm

1 Answer from Attorneys

Wayne Allison Allison Legal, LLC

Re: Changing my last name & child's last name

Oklahoma courts will allow this, but the father must be given notice of the change and an opportunity to object. To stop the name change he will need to show it is not in the best interest of the child to change the name. Put another way, the father has a right to have the child's name remain; you will have to show it's in the best interest of the child to change it. Some of the things to consider include the amount of involvement the father has with the child, does he pay child support, does he maintain ongoing relationship, etc. If you think you might have a basis to bring the action, I suggest you get an attorney, most certainly if you believe the father will contest the action.

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Answered on 11/24/08, 8:17 pm


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