I would like to change my two younger names to my married name? Their Bio father sometimes pays support, and has not even tried to see them in almost five year which out of the five years only made about less than two years of payment. He knows were the kids are living, because he roof the house. But sense he has left us and now teamed up with another woman, and has two children with here. Is what I would like to do, is it possible.

This is not a minor change. To do this legally, you would have to file a petititon in Family court.

However, it is not against the law to use any name you want as long as there is not intent to defraud. So, your kids could use any name they want to signing papers etc. But it doesn't change their legal name or their birth certificates. If they want to legally change their name when they become adults that will be easier then.

How would I go about change it legal

You have to get consent from the father to legally change the children's last name.

You may not need consent, but you have to petition in Family court to do so. If the father objects the petition will probably not be granted.

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Originally Posted by ScottGem

You may not need consent, but you have to petition in Family court to do so. If the father objects the petition will probably not be granted.

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True... it's just easier to approach him about it first... if he agrees, all is well... if not she will know that he is going to object it in court... same result either way.