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    jmac1270's Avatar
    jmac1270 Posts: 1, Reputation: 1
    New Member
     
    #1

    Nov 13, 2008, 12:42 PM
    Changing Sons last name
    Dear Reader,
    I have been Divorced for more then two years now. We have shared parenting in Ohio where I have custody every other Friday Sat and Most of Sunday. I also have him every other Wedsday. I have always paid my child support. I have never missed anytimes to be with my son. I am not spiteful to my former in anyway and try to work with her when ever possible if there is an issue. Recently I requested his records from Kinder garten to notice that she has Registered him under her Last name. His birth certificate clearly has my last name as well as the divorce decree documents have his name as being my last name. I have seen school paperwork that he has that also is showing him signing his last name as hers with mine no where to be found. IS there a way to force her to register him under his real last name? Not only does this anger me a bit but I feel like she is going to cause him some confusion that doesn't need to be there later in life. :eek:
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Nov 13, 2008, 12:53 PM

    You can try taking this issue to family court, but I'm not sure you will win. The judge may order her to use his legal name or he may not.
    macksmom's Avatar
    macksmom Posts: 1,787, Reputation: 152
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    #3

    Nov 13, 2008, 02:33 PM

    As long as there is no intent of fraud, the child can use whichever last name he wishes. Of course his "legal" last name is yours.

    As Scott said, you could try to take her to court but it could back fire and the judge could allow the mother to legally change the child's last name to her maiden name.

    Do understand, that in order for her to legally change his last name, she would need written consent from you unless otherwise ordered by a judge.

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