What Last Name Should My Child Use If My Child Has A Hyphenated Last Name?

Today’s question comes to us from Georgette, and she wants to know what last name her child should use if the child has a hyphenated last name.

Georgette’s situation is this. She has a daughter who has a hyphenated last name, Smith-Jones. Smith is Georgette’s maiden name and Jones is the child’s father’s name. The child’s father has not been in the child’s life since she was eight months old and is now five. The child started going to school and the school is now making the child go by the last name of Jones.

This girl does not know the father, does not know what the Jones last name is, and Georgette does not want to use this last name. She’s asking, “What can I do so that my child does not have to use the Jones last name?”

Legally speaking, since the child’s name on the birth certificate is Smith hyphen Jones, that is the legal name that should be used. You don’t necessarily take the Smith name and you don’t necessarily just take the Jones name. Both names must be used because that is the child’s legal last name. However, in your situation, since you don’t know where the father is and you haven’t seen the father since the child was eight months old, if you wish to change that, you will have to change the name legally for the child.

If you want to get rid of Jones, you need to go ahead and apply to have the child’s last name legally changed to Smith. That is the only way for you to be able to use the Smith last name only.

I hope this has answered this question. If you want to discuss this further, go to Vegasdivorcemeeting.com. I’ll be happy to talk to you further about this.

Nothing is more important than your family. LJ Law is a Family Law Firm in Las Vegas, Nevada. We offer help in cases such as Divorce, Child Custody and Visitation, Child Support, Pre and Post-Nuptial Agreements, Annulments, Alimony, Adoption, Guardianship, Paternity and much more.

 

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