My fiancé has a 20 month old son. His "father" has not paid a penny in support and has not seen him in a year. Prior to that, he's seen him only about 4 or 5 times when his mom took him to see him. My fiancé and I just had twin boys who have my last name. My fiancé will have my last name and her 20 month old is stuck with the last name of this person he doesn't know. He last saw him when he was an 8 month old infant. Any legal ways to change the 20 month old (my future stepson) to the same last name as his new brothers and his mom and mine? His "father" lived in the same state and hasn't seen him in a year and has just completed a move a couple of states away. Any ideas how to go about ridding that meaningless last name and give the 20 month old the same name as the rest of his family?

Have you thought about adoption ?

The biological father will have to consent to any legal name change. However, the child can use any last name as long as there is no intent for fraud. But to have it legally changed the bio father will have to consent.

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Originally Posted by macksmom

The biological father will have to consent to any legal name change. However, the child can use any last name as long as there is no intent for fraud. But to have it legally changed the bio father will have to consent.

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Actually the child can only use his legal last name in any sort of public records even such as school papers. The school will enforce that the child use the name on his/her birth certificate. This is one of the few places you will have to deal with this if the name change is not made.

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Originally Posted by mommabear20

Actually the child can only use his legal last name in any sort of public records even such as school papers. The school will enforce that the child use the name on his/her birth certificate. This is one of the few places you will have to deal with this if the name change is not made.

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Depends on the school.

I wouldn't recommend having the child use a name that is not his because when he does start school he will be confused and it might make him feel out of place. I would consider adoption, and I think that if the child's father didn't sign the birth certificate and you guys were not married then he doesn't have any legal rights anyway unless he enforces them in court.

Is there a way to prove to the courts that you've attempted all avenues to locate him and his whereabouts are unknown?

((Live in CA))

I am currently in the same situation except on the opposite side. I do pay child support and am an active role in my sons life. I as well as the mother signed the birth certificate with my last name. Now that we are not together she is proceeding to attempt to change it. Can I ask what the courts said about your situation?