Hi I have a five year old that his real father has never seen and is behind in child support. I was wondering if I could legally change his last name to my husbands name without having to notifed his real father? If I had to go to court to do that.

That change will not effect the legal rights of visitation of the real father, and will not change the child support due, Also it may depend on the custody agreement you have from the court

If the father is on the birth certificate then you can't change the name without his consent. Your new husband would have to adopt the child which would mean the bio father would have to relinquish his rights. But if he's behind in child support, he may be willing since it would end child support.

I disagree with ScottGem in that the court would consider primarily what is in the child's best interest.

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Originally Posted by Raning1

I disagree with ScottGem in that the court would consider primarily what is in the child's best interest.

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You can disagree all you want, but the courts are bound by the law and the law generally states that the father listed on the birth certificate is the legal father. As such he has rights that a court just can't take away without his consent. This is not really a matter of opinion, but one of law.

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Originally Posted by ScottGem

you can disagree all you want, but the courts are bound by the law and the law generally states that the father listed ont he birth certificate is the legal father. As such he has rights that a court just can't take away without his consent. This is not really a matter of opinion, but one of law.

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My error. You are right. The Father would need to give up his rights should the Step Father desire to adopt the child. I meant to respond to another blog when I disagreed.