[arhouston]

Can anyone help??
Never married my son's father so I gave our son my last name and he wouldn't sign the birth certificate we established paternity so he could pay child support, we have joint custody he never sees his son went to court the judge suspended his visittation rights but we still have joint custody I was married last year and I took my husband's name we had a child together she has our last name my son is 2 my husband has been in his life as a father since he was 3months old can I change my son's last name w/o permission from his biological father who by the way has not established a parent-child relationship w/ his son my son doesn't call him daddy his daddy is my husbandever since he could talk. Please help me out? What do I need to do? :confused:

[GV70]

I do not think that you can change your son's last name without his permission...

[arhouston]

Thank you gv70 for the advice.
So even if I get sole custody you don't think I would be able to do it huh?

[GV70]

Not sure... your new husband is a step-father only and judges are not willing to change child's last name to third party's name... unless adoption.

[arhouston]

Thanks again

[GV70]

Yoy are welcome

[ScottGem]

To legally change your son's name you will have to have your husband adopt him. To do so, the bio father will have to relinquish his parental rights. However, since adoption means your husband also takes responsibility for the child, this will remove the bio father's requirement to pay child support. From what you are saying, getting his permission shouldn't be a problem.

[arhouston]

I'm not understanding
If I never gave my son his bio fathers last name why is it so so hard to to change his name to my name again thanks for the advice scottgem his father will never give up his rights so that my hubby could adopt him he might have if I was single but he doesn't like my hubby at all but were working on that adoption thing its going to take awhile but I think were going to make the jugde understand that he don't want to be in his sons life he never has sincve he was born thanks again for the advice/comment

[GV70]

im not understanding
if i never gave my son his bio fathers last name why is it so so hard to to change his name to my name again thanks for the advice scottgem his father will never give up his rights so that my hubby could adopt him he might have if i was single but he doesnt like my hubby at all but were working on that adoption thing its gonna take awhile but i think were gonna make the jugde understand that he dont want to be in his sons life he never has sincve he was born thanks again for the advice/comment

OK... it is not hard to understand... the child has your last /maiden/ name.What will happen if you get a divorce after 6 months and return to your maiden last name?? Let us immagine that your last name is Jons,the last name of the father is Johns... You put Jons as last name and there are two possibilities to change kid's last name-to Johns or Jons-Johns:)

[ScottGem]

A person can go by any name they want to as lkong as there isn't an attempt to defraud. But to legally change the requires court action. To changew the name to your husband requires adoption.

[arhouston]

So do you think its OK to hyphenate my son's name as long as I'm not trying to mislead anyone