So my daughter is 19 months, her ‘dad’ hasn’t been in her life since she was a month old and doesn’t bother with her at all. he is crazy and I had to go to the police before he left me alone after he got took to court he never contacted us again, he was never bothered about my daughter only me. Anyway he has a new girlfriend now and doesn’t bother with us or pay money (witch suits me) we don’t need him. I stupidly put his name on the birth certificate and gave my daughter his name although i don’t call her that I refer to her beaux Maddox witch is my name. Is there any way I can change it?
I have recently looked into this too and after speaking to a Family Court Advisor (albeit not a solicitor) came to the conclusion that unless I get his permission or there’s exceptional circumstances which create danger for the children then I can’t legally change their surname – like you though, I only ever use my own surname and will continue to do so. It’s such a crap situation, sorry that you find yourself in it too – think yourself lucky your daughter hasn’t got 4 lets say ‘different’ middle names too! hahaha!
I’ve tried replying twice but I think my posts aren’t taking because of the links I was adding! So I’ll try once again without them..
As a mother you automatically have ‘parental responsibility’ for your child(ren). This can only be overturned if a court case is brought up and (usually Magistrates) weigh the evidence and decide that your children’s best interests are best kept if they live elsewhere. That’s clearly not going to happen, by your account.
So in that case, you *are* entitled to change your daughter’s name. Even your own name, if you choose to.
What you can’t do, unless in exceptional circumstances, is change the original Birth Certificate becuase it’s tagged as an ‘historical document’.
But you *can* apply for a name change using a Deed Poll Certificate, which overrides the Birth Certificate. Together, these two documents will allow your daughter to grow up, get her driving licence, passport, bank account etc. etc. in her new name.
Try searching ‘child law advice’ for starters, then search for UK Deed Poll application. That should give you enough info to take the next step.
PS – while at the moment you say it suits you that your ex doesn’t pay any Child Maintenance, you might want to reconsider that. Your daughter’s father has a legal responsibility to contribute financially to her wellbeing. I can fully understand that taking money from him might seem like a mark against your independence, but that’s not really what it’s about. It’s about a combination of having that little extra for your daughter, and (dare I say it) reminding her father that he needs to grow up and start being a responsible adult.
It’s your choice of course! I just thought it might be worth giving you a different perspective 🙂