[kalie04]

I was married before and my kids had my ex-husband last name and now I am remarried and want to change the kids last name to my husband now. My ex-husband never have contacted us and doesn't pay child support. I know that if I want to send my ex-husband a custody paper to sign over his rights, he will not sign it. What can I do?

[stinawords]

First you can go to court to enforce the child support order. Second, you can call your kids what ever you want as long as there is no intent to defraud. So basically for anything other than legal documents they can use your current last name.

[ScottGem]

Very little. If the father refuses to allow your husband to adopt (which is the only way you will get a legal name change), then you can't do a legal name change.

However, you can use any name you want as long as there is no intent to defraud. So you can have your kids use your husband's last name except where a legal name is required.

[kalie04]

Well, I did try to file for child support but he never showed up to court. My husband now he told me not to file anymore because he want to adopt my kids.

[stinawords]

Well he can't adopt them with out the father's signing for it. So for starters you should file for suppport then you can talk to him about allowing the adoption. He might be more willing once he realilzes he won't have to pay the ordered support. I know it seems a hard way to get it but that's what it takes sometimes.

[ScottGem]

If not showing up in court could get a father out of paying support none of them would. While a judge may give the father a couple of chances to show up, eventually, if he doesn't, a default order will be entered against him.

Your husband is wrong. If he refuses to sign over his rights, then going after him for support is generally the best way to get him to sign.