Ask a Family Law Question, Get an Answer ASAP!
Hello, my name is Peter and I’ll do my best to help you today.
Please bear in mind as this is an email service and not live chat I may not respond immediately.
How can I assist with this?
Has the mediator signed the form to say you can proceed to court?
Family court is your only option I'm afraid, as you will need a court order to change your daughter's name if her father will not give consent.
The courts are reluctant to completely remove birth father's names, but if you present a good case there is a chance of success - the lack of contact is important but not necessarily an indication that he wont become more of a father in the future.
Often the court prefers a double barrelled option, if at all possible, this is perhaps something you should be prepared to consider as a compromise.
Is there anything in particular I can clarify for you?
No it has nothing to do with contact. And if the father's name is not her surname then you have a much stronger case to change the surname.
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