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kisha1978 · Apr 7, 2012, 10:09 AM

Hello I would like to no how do I change my son last name. I gave my son his father last name but his father did not sigh the birth certificate. I want my son to have my last name how do I go about changing. His father is a dead beat found out he has 10 kid and he don't support non of them. My son is 10 months do I have to go to the court or the place of birth. Any help would be appreciated

ScottGem · Apr 7, 2012, 10:40 AM

You have to go to court and apply for a name change. It may not be granted if the father doesn't agree.

kisha1978 · Apr 7, 2012, 11:17 AM

But the father never signed the birth certificate there's no father name on the birth certificate. I just gave my son his last name.do he still have to agree if he never signed and I have no clue where he lives

AK lawyer · Apr 7, 2012, 11:40 AM

Originally Posted by kisha1978

but the father never signed the birth certificate there's no father name on the birth certificate. i just gave my son his last name.do he still have to agree if he never signed and i have no clue where he lives

One would have to review the statutes concerning name change proceedings for whichever state you are in. But normally, yes, you have to give him notice of the name change application. It may be possible to do this by publication.

In my home state, I used to amuse myself by reading the legal ads. They would say, for example, something like:

"In the matter of A.B., a minor,

To unknown father of A.B.: an application has been filed in court to [adopt, change, name, etc.]. If you don't file a document with this court opposing said application,[blah, blah, blah,] an order granting said application may be granted. ...".

As if the father, even if he were to read it (unlikely), could figure out that it described his child. :)

ScottGem · Apr 7, 2012, 01:06 PM

Originally Posted by kisha1978

but the father never signed the birth certificate there's no father name on the birth certificate. i just gave my son his last name.do he still have to agree if he never signed and i have no clue where he lives

Yes, actually leaving off a father's name makes your life more difficult. The court will require that you identify the father and make, at least, a good faith effort to get his permission for the change.

Fr_Chuck · Apr 7, 2012, 01:20 PM

Leaving the father off the birth certificate does not stop or take away any "right" any "assumed right" or any "future legal right" he may have. The father to use his rights would have to prove paternity in court normally.

But most name changes will require both parents to agree.

kisha1978 · Apr 7, 2012, 03:32 PM

O thanks I'm not trying to stop his rights he's a deadbeat he's been gone before my son was born I just wantted my son name to match mines since I'm raseing by myself. I guess I should have put my name in the first pace. Life lesson

ScottGem · Apr 8, 2012, 07:00 AM

Another point. A person can use any name they want as long as there is no intent to defraud. So you can have your son use your last name wherever you want, except where a legal name is required. So when you register him for school, for example, you can request that he be know by your last name. Though is official records will reflect the name on the birth certificate.