Legal Question in Family Law in South Carolina

I have a 13yr old daughter that has had no contact with biological father for three years or more. She has been raised by my current husband for 10yrs. She would like to have her last name changed to my current husbands name is that possible and how do we go about it?


Asked on 8/28/09, 7:12 am

2 Answers from Attorneys

Russell W. Hall III The Office of Russell W. Hall III

Yes your daughter may have her name changed to you current husband's name. To do so, you are required to file a court action to change her name. Because she is a minor, the court will appoint a guardian ad litem to represent your daughter�s best interest. In addition, you will need to serve the biological father with a copy of the petition and give him an opportunity to respond.

Unless you are receiving child support or some other type of assistance from the biological father, I would advise you to consider a step-parent adoption. Both a child's name change and a step-parent adoption have similar financial and time cost. The end result of the name change is the biological father continues to have parental rights; the end result of an adoption is that the biological father�s rights are terminated and the step-father gains those parental rights and responsibilities. In both cases the child�s name is changed.

I am familiar with both procedures and will be glad to help you with whichever one you choose to do.

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Answered on 9/02/09, 8:46 am
Ben Stevens The Stevens Firm, P.A. Family Law Center

It is possible to change the child's name, but it must be done through the Court and there are several steps that must be followed precisely. Also, the father must be notified and named as a party in the name change action.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 9/03/09, 5:11 pm


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