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mysadson · Mar 15, 2011, 10:46 AM

I live in NJ, I got married two years ago and my 15 yr old son wants to change his name to my new married name. I don't know if this is possible. His biological father has only seen him one time (I left him when I was 2 months pg). He never pays child support and lives in the PHilippines so the courts can not inforce it. MY divorce was granted on grounds of disertion, so I don't know why this should be so difficult. Please if anyone has any help for me . I would really appreciate it.

Thank yOU,

AK lawyer · Mar 15, 2011, 10:57 AM

Name changes for minors usually require consent of both parents. This link explains most of what you need to know. For example, you have to send a copy of the court application to the father, giving him the opportunity to object.

Have you, your son, and your husband considered adoption? It may require the father's consent. Can you get that?

mysadson · Mar 15, 2011, 11:03 AM

If we can't change his name, then we would consider.

AK lawyer · Mar 15, 2011, 11:15 AM

Originally Posted by mysadson

If we can't change his name, then we would consider.

You probably, if you went to the trouble and expense, could get either a name change or an adoption. I just wanted to make sure you considered both options.

Legally, the difference is that even with a name change, your husband would only be the boy's step-father and not the legal father. Neither would have rights or obligations concerning the other, including inheritance, custody, etc. An adoption, on the other hand, would make him, legally, your husband's son.