Legal Question in Family Law in South Carolina

I Gave My Daughter's Father And His Mother The DNA Test They Wanted And The Test Came Back Saying (Just Like I Said ) That She Is His I Never Gave Her His Last Name Nor Did I Place His Name On Her Birth Certificate. Do I Need To Be Worried That His Mother May Put Him Up To Taking Me To Court To Change Her Last Name To His ? He Has Told Me That I Need To Change Her Name To His But He Doesn't Do Anything For Her He Doesn't Help Support Her And Neither Does His Family Really I Have A Child Support Order But He Hasn't Started Paying It Yet But Do I Need To Be Worried That He Can Legally Make Me Change Her Name ? (At Least That's What My Older Cousin Told He Can Happen) And By The Way He Lives In NC But The Order Is In SC


Asked on 7/31/12, 6:46 pm

1 Answer from Attorneys

Barbara Strowd Barbara A. Strowd, Attorney at Law

He may file a petition to change your daughter's last name, but I doubt he will do it. To change a child's name the Court will appoint a Guardian ad litem to help determine if it is in your daughter's best interest to have her name changed. One reasons I don't think he will file a petition for a name change is because he hasn't been supporting her. He would have to go to court and tell the judge why he believes her name should be changed and he will not want to see the judge if he isn't supporting his child. Additionally, if he isn't supporting his daughter then I doubt he will want to pay the money it will cost to file the petition and to pay the Guardian ad litem for your child. If his family is not invovled with your daughter then I think it will be dificult for him to convince a judge that her name should be changed to his name. The judge will also take your opinion into consideration when making the decision. I would suggest that you not worry about it unless he serves you with a petition for name change. If you are served with a petition please immediately contact a SC Family Law attorney.

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Answered on 8/03/12, 12:31 pm


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