Ask Experts Questions for FREE Help !
Ask
    cm154302's Avatar
    cm154302 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Dec 28, 2007, 06:42 PM
    Changing a Child's last name
    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.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #2

    Dec 28, 2007, 06:58 PM
    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
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Dec 28, 2007, 08:48 PM
    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.
    Raning1's Avatar
    Raning1 Posts: 9, Reputation: 0
    New Member
    		  
    #4

    Jan 19, 2008, 04:58 PM
    I disagree with ScottGem in that the court would consider primarily what is in the child's best interest.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #5

    Jan 19, 2008, 05:40 PM
    Quote Originally Posted by Raning1
    I disagree with ScottGem in that the court would consider primarily what is in the child's best interest.
    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.
    Raning1's Avatar
    Raning1 Posts: 9, Reputation: 0
    New Member
    		  
    #6

    Jan 20, 2008, 02:03 PM
    Quote 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.

    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.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Changing child's last name [ 3 Answers ]

I would like to know if I can legally change my child's last name without the father's consent. I live in PA and have primary physical custody and full legal custody.

Changing my child's name [ 5 Answers ]

I need to know how I can go about changing my son's name. He's 4 months old. And I made the HUGE mistake of naming him after his "father". His "father" isn't around and never comes to see him. I don't want my son to be named after such a irresponsible loser. What are the steps I need to make?

Changing child's last name [ 9 Answers ]

My ex-boyfriend hasn't seen his 9 month old daughter since she was 3 months old. I have sole legal and physical custody. He has supervised visitation, but has made no attempts to visit nor pay any child support. He tells everyone that I won't allow him to see her. The day my daughter was born, he...

Changing Child's Last Name [ 1 Answers ]

I am looking for an affordable and how to change my baby's last name. I still don't have his actual birth certificate because I haven't sent anything to the county yet. So where do I go to change his last name. Me and his dad agree on changing the name.

Changing My Child's Last Name [ 3 Answers ]

I have two children by the same man and my oldest has her father's last name and the youngest has my last name. He asked me through a mediator if I'd be willing to change the youngest child's last name to his. Stupidly I did agree to it and now I am regretting it. He has not shown he has earned the...

View more questions Search