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My son was born 12/2000. I gave him a hyphenated last name of the person I thought it could be (actually is but rather not open pandoras box-he hasn't even tried to see him in almost 10yrs and not interested in him seeing him at all). That person's name is not on the birth certificate. How do I go about changing his last name to just mine? He was born in KY. Not sure if that makes a difference.
Kys401.020 Child, who may have name changed.
Both parents, provided both are living, or one (1) parent if one (1) is deceased, or if no parent is living, the guardian, may have the name of a child under the age of eighteen (18) changed by the District Court of the county in which the child resides. However, if one (1) parent refuses or is unavailable to execute the petition, proper notice of filing the petition shall be served in accordance with the Rules of Civil Procedure. If the child resides on a United States Army post, military reservation or fort his name may be changed by the District Court of any county adjacent thereto. Effective: July 15, 1980 History: Amended 1980 Ky. Acts ch. 259, sec. 27, effective July 15, 1980. -- Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 396, effective January 2, 1978. -- Amended 1974 Ky. Acts ch. 386, sec. 89. -- Amended 1968 Ky. Acts ch. 100, sec. 13. -- Amended 1964 Ky. Acts ch. 155, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3718.
401.030 Facts shown on order book of court.
The original name, age and place of birth, the name to which the change is made, and the names of the infant's father and mother, if known, and of the person on whose motion the change is made shall be entered on the order book of the District Court. Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 397, effective January 2, 1978. -- Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3719.
You have to file in your district court.
You would have to go to court for a legal name change. You would start by notifying the father of the name change. If he objects then he can fight it. Also you can't be doing it for fraudulent means. Are you collecting child support from this man ?
How he can fight it when he has never legally acknowledged his paternity and he is not on the child's BC?Paternity has never been legally established.The OP is the sole custodian and he has no rights.Quote:
Originally Posted by califdadof3
You would have to go to court for a legal name change. You would start by notifying the father of the name change. If he objects then he can fight it. Also you can't be doing it for fraudulent means. Are you collecting child support from this man ?
I have not seen him in over 10 years. He hasn't contacted me in that long either. I haven't asked for nor do I want a penny from him. He denied my child from the beginning. I work and take care of my child on my own. I have never gotten govt. assistance and am not trying to do anything fraudently. I personally think that after 10yrs he deserves no rights to my son. I don't want contact with him or his family. They made it loud and clear they deny my child which is fine with me. I just want his last name to be only mine. That's it.
We didn't actually know the legal status of the father until the OP answered. There are many that are declared the legal father yet still don't put their name on the birthcertificate. I believe the court is going to ask for the status of the father when the name change is applied for.Quote:
Originally Posted by GV70
Why haven't you applied for child support? Its not about you its about the child. You could have put it away and used it for a education fund if you didn't need the money but its your child that is entitled to the benefit of both parents.Quote:
Originally Posted by kygirl3481
What you personally think is not an issue here. While from an ethical standpoint I agree with you, its what the law says that matters. You can submit a petition in District court, but there is a possibility that they will require that you identify the father and get his permission. You can then deciode whether you want to proceed or not.Quote:
Originally Posted by kygirl3481
I didn't ask for moral whatever. I am asking a question regarding legal issues. I have a college fund put away for my child in the amount of $150,000 along with a Roth IRA as well as my 401k since you feel the need to go there. I am looking out for the best interest of my child. I made a mistake by picking a loser to have a baby with. I have raised him on my own since I was 19yo. His profession is being a drug pusher. Not interested in his dirty money. Sorry I don't want to allow my son to see a gang banger, criminal, drug user, high school drop out, anymore questions?Quote:
Originally Posted by califdadof3
Why can't anyone just answer the damn question I asked.
Your "damn" question was answered but I guess you did not read all posts which were posted here.Quote:
Originally Posted by kygirl3481
You have to petition for a name change in your local district court.
You may get the form here:
http://courts.ky.gov/NR/rdonlyres/76...0386/0/295.pdf
7.For petition of minor with two living parents:
Write "Paternity has never been legally established"
And that's all you have to do .
What more do you want??
First, your question WAS answered. Second, when you ask a question on a site like this you open yourself for comments that may be side issues. That's the nature of the beast. You are free to ignore any responses you don't like or report any you feel violate our rules. But there is no need for you to be rude in return. Third, we are bombarded by questions from women who had no problem sleeping with men who they now feel aren't fit to be around their children. We always have to wonder why they felt they were fit to sleep with in the first place. Granted you made a mistake, all too common, of being young and foolish. You appear to have recovered admirably from that mistake, but your child has to live with that mistake all their life. You can mitigate that by changing the name, barring the father (legally) from having anything to do with the child, maybe even get the rights terminated. But the fact remains the child has a father.Quote:
Why can't anyone just answer the damn question I asked.
By the way, what does having those funds have to do with things? Right now, your son is named the benenficiary using his legal name. If you get the name changed, then you change the beneficiary. I don't see how that affects anything.
How do I remove a last name from my son? My son has mine and his real fathers last name so it like this for exsample love-fried for a last name its not the real last name I put here but you get what I am saying I just want my last name and remove his fathers because he has never been in his life at all.please help thanks
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