My Ex girlfriend decided to have my son take her last name. She kept me out of the hospital and refuse to return any of my phones. I'm paying child support and taking full reponsibilty legally. How do I go about requestion his last name be changed to mine and what's the chance of it happening?

You have to take her to court and request that along with visitation if she won't cooperate.

Did a court order the child support? Did a court establish you as the legal parent?

What are my chances with getting his name change? She did it out of spite because I decided to end the relationship. My feeling is that she will object.

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Originally Posted by nema132

nema132 : what are my chances with getting his name change? She did it out of spite because I decided to end the relationship. My feeling is that she will object.

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The court will weigh whether the name change is in the child’s best interests and will accept or deny the petition accordingly.
Usually, when a child is born out-of-wedlock, the child gets the mother's surname.

Different state's laws vary.

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Originally Posted by mrshodges

You have to take her to court and request that along with visitation if she wont cooperate.

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This is not correct legal advice - visitation is one thing; support is another; name change is a third. These "rights" are not linked in any way.

As GV has said the Court will rule whether a name change is in the best interest of the child. I've NEVER seen a Court determine that it is UNLESS the custodial parent makes the request.

Your experience, of course, may very well be different from mine.

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Originally Posted by JudyKayTee

This is not correct legal advice - visitation is one thing; support is another; name change is a third. These "rights" are not linked in any way.

As GV has said the Court will rule whether or not a name change is in the best interest of the child. I've NEVER seen a Court determine that it is UNLESS the custodial parent makes the request.

Your experience, of course, may very well be different from mine.

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I think you misunderstood. I said Request. That doesn't mean he will get it But, you never know what a judge will do.

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Originally Posted by mrshodges

I think you misunderstood. I said Request. That doesn't mean he will get it But, you never know what a judge will do.

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I think you misunderstood Judy's point. Each of these items are separate and require separate petitions that may even be heard by different courts.

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Originally Posted by mrshodges

I think you misunderstood. I said Request. That doesn't mean he will get it But, you never know what a judge will do.

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I understood. These are three separate, stand alone issues.