I would like to know if I can legally change my child's last name without the father's consent. I live in PA and have primary physical custody and full legal custody.

Yes you can if you're the primary and custodial parent you are the main decision maker of the upbringing of the child. My mom did that with me and my father had no say since he's got non custodial status.

This is very helpful to my question as well. But when I went to our court to get the paper to have this done they told me the biological father would have to give concent but also, I'm the full legal custodial parent and he is in prison? What could I do?

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Originally Posted by hnbwilson1

This is very helpful to my question as well. But when I went to our court to get the paper to have this done they told me the biological father would have to give concent but also, I'm the full legal custodial parent and he is in prison? What could I do?

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Unfortunately, in my opinion that old answer to an old question was incorrect and entirely based, apparently, on (probably misunderstood) anechdotal experience.

It will depend on the specific Pennsylvania laws, but you will probably at least have to give him notice of the petition to change the child's name. If he objects, the court will decide whether the name change can be ordered over his objection.