My son is 13 years old. His birth father doesn't pay child support and has not contacted my son in over 7 years. He has been wanting to change his last name to my current husband's last name. Can we do this?
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My son is 13 years old. His birth father doesn't pay child support and has not contacted my son in over 7 years. He has been wanting to change his last name to my current husband's last name. Can we do this?
You can do it WITH his father's permission. You CANNOT do it without that written permission.
Do you receive child support on behalf of the child?
He used to pay one month out of the year. Now he pays nothing. I don't even know where he is.
Sometimes an offer to drop a request for child support causes the non-custodial parent to sign the "OK for name change" consent.
If you ever need him - for support, for example - the Court will help you find him.
In NY if/when you file, yes, the Court will help "you" track the other person down. Do they ever succeed? I have no idea.
They show a LOT more interest when the custodial parent is applying for benefits.
It will depend on which state you live in, but most if not all states have specific procedures for name changes. They frequently require notice to and possibly consent by both parents for a minor's name change. If the father cannot be located, notice by publication might be required.
So, if cost is a consideration, consider step-parent adoption instead. It's different than just name-change, but might be more what the three of you want, at about the same price.
And the States have the info at their fingertips because they can tap into other State's systems. I think it's more a question of: I don't have time OR it's not part of my job description OR who cares - on the part of the workers.
It would certainly stop some of the non-paying parents in their tracks.
And I used to work for the Feds. Shame on me.
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