Legal Question in Family Law in Wisconsin

Changing our minor child's last name

Our daughter was born out of wedlock with the father not in the area. She was given my (the mother's) last name. We worked things out and finally married when our daughter was 7. She still has my maiden name. Both parents are on the birth certificate. Her social security card has her with her father's last name and her birth certificate has mother's maiden name. Do we have to go through the court procedings and pay the $200 filing fee so that she can use her father's name. I was surprised that the SS office changed the name on her card but her school is making her go by the name on her birth certificate even though her old school let her use her father's name and she has been assuming his name for 4 years. Her new school says that by law they have to use the name on the birth certificate. Does she have any rights to use his name? It is, after all on her SS card. It is causing some turmoil with some family members who feel she should only use his last name. She likes to use both and hyphenate it. We (her parents) don't care either way, but it would be easier if we all had the same last name.

What are her rights and what would our costs be to change it. I am disabled and our budget is tight.

Thank you.


Asked on 2/04/01, 1:55 am

1 Answer from Attorneys

Thomas Schober Schober Schober & Mitchell, S.C.

Re: Changing our minor child's last name

Social Security cards do not have anything to do

with legally changing one's name. You will have

to go through a formal name change hearing. You may

find some help at legal aid for someone in your

financial situation.

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Answered on 3/19/01, 11:48 am


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