Friday, November 20, 2009

When changing childs last name after marriage, will I be required to notify father?

I want to change my childs last name after I get married but Im wondering are they going to require that I notify his biological father. I am the custodial parent and he is ordered to pay child support but never has and even the state agency cant locate him? How will they locate him if I have no address for him?

When changing childs last name after marriage, will I be required to notify father?
I've actually been through this.





YES, you have to notify him. if you don't know where he's at.. I think you have to do the last known address.





You go up to the courthouse and get a change of name form. its pretty short - and you have to send a copy - certified mail - to the dad


its like $100. you don't need a laywer for this.





my childrens father actually brought a lawyer to court to fight the name change. - but, in the end I won because he had my maiden name.. and the courts said it would make the child feel more like a family unit.





But- now i'm wishing it didn't go through - because I married my childs dad.20 yrs later.and my son is left with his step dads last name... he's older now so would be weird to change now.



Reply:Hi,


as far as i know the father needs to sign a consent.


however, if he cannot be located then a special circumstance/precedent may exist where the name change could take place without his consent.


you would need to consult the agency and/or an attorney.
Reply:In most jurisdictions, the father must consent to such a name change. In some jurisdictions, you may not change a child's name unless your husband adopts the child - which he can't do unless the father has terminated his parental rights.
Reply:If his name is used for the child currently, you will need to contact him and have him give up rights to the child in order to change it. He is still the biological father and as such does have certain rights concerning his child.


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