I would like to change my 3 yr old son's middle and last name. He was named after a man who is not his biological father. The guy has been incarcerated numerous times, is a drug addict ,does not acknowledge my son as his, hasn't had any contact with my son since he was 4 months old. (Not that I want him to). My son has the guy's middle and last names because he was willing to "step up" and be a father to my son, his name is not stated as my son's father on his birth certificate, no one is. Can I legally change my son's middle and last names without involving the guy? He knows he's not the father. And obviously doesn't want to be.

I don't see as to why it is a problem, He could try to fight you on it but the first thing they would do is get a DNA test, which hopefully won't happen if they guy so obviously knows that he is not the father.

I would like to say that I'm sorry this guy isn't "Stepping Up" like he had said he would but I don't know just as far as changing a child's name, for 'no reason' other than you no longer like it, or it having the 'wrong' last name, what the procedure is.

Good Luck.

You should be able to change your child's name without issue if you are the sole legal parent. If you have joint legal custody with someone, you will probably need the legal father's consent.

Otherwise, it's just a name change, not trying to file a paternity suit or anything like that.

If he has never assumed any perrental rights as a father, he will have no rights to do anything, just go change his name, why would u ever not give him his fathers last name anyway?? he may request a patarnity test if he is the father then U will have other issues.

Hi,

Yes you can legally change your son's middle and last name. You will need to hire an attorney to Petition the court for a name change. You have to go in front of a judge and the judge may ask you the reason. Then you'll get the court order signed by a judge and then you will be allowed to change your child's name on all legal docs. This is based on the laws here in Florida. I'm not sure what state you're in.