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    russnat2003's Avatar
    russnat2003 Posts: 7, Reputation: 1
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    #1

    Oct 27, 2008, 08:27 AM
    Child's name change
    I have a 12 year old son, I live in Vermont and he lives in PA. We have taken a Dna test but I am not on his BC. My ex wants to change his last name to her new last name and says she can without me is this true?

    I don't want his name changes and if it is he should have my last name. I do pay child support
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Oct 27, 2008, 08:36 AM

    When the child support order was made, you should have been declared the legal father. You should then have joint legal custody. That should prevent her from legally changing his name.

    What last name does he have now if its not yours or hers?
    russnat2003's Avatar
    russnat2003 Posts: 7, Reputation: 1
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    #3

    Oct 27, 2008, 08:51 AM
    He has her maddam name because DNA wasn't done until he was 2
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Oct 27, 2008, 10:25 AM

    Ahh I missed that she wants to change it to her "new" last name. I assume that she has now remarried. That makes it even harder. For her to change it to her new husband's name he would have to adopt the child. And that definitely requires your permision.

    You need to file a petition to have your name placed on the BC and to have joint legal custody. That should forestall her filing for a legal name change.
    russnat2003's Avatar
    russnat2003 Posts: 7, Reputation: 1
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    #5

    Oct 27, 2008, 11:32 AM

    She just keeps telling us that she can do this without us saying we agree because I am not on the BC. I will be requesting I be put onto it. Once again thank you
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Oct 27, 2008, 11:36 AM

    She is either lying or doesn't know the law. If she tried to get a court to legally change the name, she would have to show either your permission, or that you can't be found.

    Because you are not on the because she could try to claim she doesn't know who the father is. Unless they check the support order, she might get away with it. That's why you want to head her off by getting on the because.
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #7

    Oct 27, 2008, 11:41 AM

    I completely agree with the advice given you need to get into court yourself and be put on the because. I must say I am surprised that the judge didn't order the change when the support was ordered the ncp has to be there to ask for visitation but the change in because is usually just part of the whole establishing paternaty thing that they did in order to be able to order support. So just as soon as you can get into court and request that it be changed you can also petition for visitation if you haven't already.
    russnat2003's Avatar
    russnat2003 Posts: 7, Reputation: 1
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    #8

    Oct 27, 2008, 11:41 AM
    She claims to know everything about it all. We aren't sure as we live in a different state. There was a DNA done when he was two and is now 12.

    We have a child support court date in December as she is always trying to get more money. Because we have never gone to court for a visitation order she doesn't allow me to see him only on her terms...
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #9

    Oct 27, 2008, 11:47 AM

    Well then I would go try to get a visitation order in place as well. It won't start as much especially because you live in different states and that would require you to go there for court (and possibly the visitation in the beginning). The best thing you can do for yourself is to be proactive.
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