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yahoossnake · Sep 8, 2008, 08:28 PM

OK here is my story

I'm from Mn my 8 year old boy who has lived with me for 5 years now. We never went to court for this at all just he started living with me cause she couldn't handle it any more. When he was born she didn't know if the boy was mine so she gave him her last name. Once he was a about 8 months old we found out he was mine( blood test) I signed right to partent hood. Well him having her last name didn't bother me up to the last few years seeing her last name on his sports uniforms when she don't pay for anything in his life I don't get any child support and don't want any from her. I asked her if I could change his last name and she tells me no I don't want to get in a fight with her about it cause I don't want her to totally abandon him or take him away from me cause I don't have legal custidy.

So I quess what I'm asking is can I get his name changed to my last name legaly no questions asked. If the mother don't want it changed or not.

And 2nd question is

After living with me for 5 years and being in the school system in this town for 4 years now make him legaly mine? For child abondment

stinawords · Sep 8, 2008, 09:11 PM

Ok first no you can't just change his name. You can however use whatever name you want as long as there is no intent to defraud so on his uniforms your last name can be on them just as long as on legal documents his legal name is used. Second, you really should have gone to court sooner but now is better than later to get formal custody. You have to go to court and petition the judge to award you with full physical custody. Bring in proof that he has been living with you for the past five years and you shouldn't have any real problems with that but you might want to get a lawyer just to make it easier.

yahoossnake · Sep 8, 2008, 09:17 PM

Originally Posted by stinawords

Ok first no you can't just change his name. You can however use whatever name you want as long as there is no intent to defraud so on his uniforms your last name can be on them just as long as on legal documents his legal name is used. Second, you really should have gone to court sooner but now is better than later to get formal custody. You have to go to court and petition the judge to award you with full physical custody. Bring in proof that he has been living with you for the past five years and you shouldn't have any real problems with that but you might want to get a lawyer just to make it easier.

I would like his name legaly changed he is going to be my only kid and I been in his life and sole provider for 5 years and bought everything for him for 2 years before he moved in with me. I really can't aford a lawyer my mom talked to one before and he told her after 7 years of him living with me it would be a open and shut case I just don't want to get a lawyer and have papers severed on her and she decide to take me to court and take him away from me is my biggest fear. He is my life I don't know what I would do if she started living with his mom again.

stinawords · Sep 8, 2008, 09:45 PM

Like I already said I don't see a problem with you being granted full physical custody. You just have to go to court and have it done that way she can't just decide to take him back you will have a court order stating that he lives with you. She can get visitation but becauase it has been so long it really shouldn't be a problem with you getting full physical custody. I'm not sure what you are after with the "for child abandonment" line. Abandonment is a criminal charge.