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    larsond's Avatar
    larsond Posts: 2, Reputation: 1
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    #1

    Mar 29, 2011, 10:15 AM
    My son is 13 and wants to change his last name to my married name. Can he?
    My son is 13 years old. His birth father doesn't pay child support and has not contacted my son in over 7 years. He has been wanting to change his last name to my current husband's last name. Can we do this?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Mar 29, 2011, 10:17 AM

    You can do it WITH his father's permission. You CANNOT do it without that written permission.

    Do you receive child support on behalf of the child?
    larsond's Avatar
    larsond Posts: 2, Reputation: 1
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    #3

    Mar 29, 2011, 10:19 AM
    Comment on JudyKayTee's post
    He used to pay one month out of the year. Now he pays nothing. I don't even know where he is.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Mar 29, 2011, 10:24 AM

    Sometimes an offer to drop a request for child support causes the non-custodial parent to sign the "OK for name change" consent.

    If you ever need him - for support, for example - the Court will help you find him.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Mar 29, 2011, 10:30 AM
    Quote Originally Posted by JudyKayTee View Post
    ... If you ever need him - for support, for example - the Court will help you find him.
    The court has a skip-trace department? That's news to me. :confused:
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    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Mar 29, 2011, 10:36 AM

    In NY if/when you file, yes, the Court will help "you" track the other person down. Do they ever succeed? I have no idea.

    They show a LOT more interest when the custodial parent is applying for benefits.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #7

    Mar 29, 2011, 10:46 AM
    It will depend on which state you live in, but most if not all states have specific procedures for name changes. They frequently require notice to and possibly consent by both parents for a minor's name change. If the father cannot be located, notice by publication might be required.

    So, if cost is a consideration, consider step-parent adoption instead. It's different than just name-change, but might be more what the three of you want, at about the same price.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #8

    Mar 29, 2011, 10:51 AM
    Quote Originally Posted by JudyKayTee View Post
    In NY if/when you file, yes, the Court will help "you" track the other person down. ...
    I must say: seems like a good idea. With tax returns, etc. seems like the state would have powerful tools to do so. Thought aught to be given to establishing a nation-wide program.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #9

    Mar 29, 2011, 11:25 AM
    Quote Originally Posted by AK lawyer View Post
    I must say: seems like a good idea. With tax returns, etc., seems like the state would have powerful tools to do so. Thought aught to be given to establishing a nation-wide program.

    And the States have the info at their fingertips because they can tap into other State's systems. I think it's more a question of: I don't have time OR it's not part of my job description OR who cares - on the part of the workers.

    It would certainly stop some of the non-paying parents in their tracks.

    And I used to work for the Feds. Shame on me.

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