Name Change of Minor Child (changing daughter's last name to my maiden name)

Hello,
I have a court appearance next week on my daughter's behalf to try to have her last name changed to my maiden name. My ex-husband is in jail facing 4 counts of felony burglary and cocaine charges. Can he contest the name change? If he does contest, will the judge make the decision? Do you think that I stand a chance? She has her heart set on the name change.
Thanks

He could but it would seem he may not do so under those circumstances.

The judge should eventually let it go through...but he could want to have your ex's input...

Originally Posted by Unregistered Hello, I have a court appearance next week on my daughter's behalf to try to have her last name changed to my maiden name. My ex-husband is in jail facing 4 counts of felony burglary and cocaine charges. Can he contest the name change? If he does contest, will the judge make the decision? Do you think that I stand a chance? She has her heart set on the name change. Thanks

Yes, he has the right to contest, but that is not the same as being able to win.

The Judge will base the decision on what is best for the child. You can use your ex's crimes as a reason, basically that you don't want anyone to associate your daughter's name with a criminal past. Also, depending on your daughter's age, if she really wants a change the Judge MIGHT take that into consideration. One thing that can help you though is if you're willing to agree that your name will remain the same throughout your child's childhood.