Name change

STAYATHOMEMAMA3

New Member
I have question about changing my son's last name. He will be 12 next month. His biological father drifts in and out of his life. He does however pay child support(not by choice, its a wage attachment). My husband has been the only father he has known since he was 1 yr old. My son has now come to us and said he wants to change his last names to ours. My question is do we need consent from his bio. father, and can we do this without my husband actually adopting him. I refuse to let him off the hook for paying child support. It is bad enough he has been an absentee father all his life, he still needs to pay for him. Anyway, wondering if anyone REALLY knows the law in a case like this. Im hoping all I have to is just get my ex to sign a consent for to change his last name...Thanks for any advice!!
 

vraiblonde

Board Mommy
PREMO Member
Patron
My question is do we need consent from his bio. father, and can we do this without my husband actually adopting him.

Yes, you need the father's consent. Yes, you can do it without your husband adopting the boy. You can change his name to Ernest Robert Dobbie Fingerson if you want, but the father must consent.
 

BadGirl

I am so very blessed
Yes, you need the father's consent. Yes, you can do it without your husband adopting the boy. You can change his name to Ernest Robert Dobbie Fingerson if you want, but the father must consent.
That's not fair!!!! I was going to use that name for my next little boy. I called that name "saved" years ago. :frown:
 

hotmomma

mmmmhmmmmm
I do not know if it is still true or ever was but a lawyer told me years ago that you can send the dad papers asking for his consent, if he does not respond within 30 days you can change the name.
 

MDTerps

Back in the saddle
I do not know if it is still true or ever was but a lawyer told me years ago that you can send the dad papers asking for his consent, if he does not respond within 30 days you can change the name.

I think Hotmomma is right about the 30 day period. But yes, you will need to send papers to the donor. You can change it to anything you want like Vari said. And he will still have to pay child support, that doesn't let him off the hook unless you do the adoption thing.

I know someone who gave up full custody and allowed the mother to change the childs name and he still is "suppose" to pay child support.
 

Elle

Happy Camper!
I do not know if it is still true or ever was but a lawyer told me years ago that you can send the dad papers asking for his consent, if he does not respond within 30 days you can change the name.

I think after the 30 days if there is no response you will still need to advertise in a local paper asking if anyone contests
 

Homer J

Power Chord
I think Hotmomma is right about the 30 day period. But yes, you will need to send papers to the donor. You can change it to anything you want like Vari said. And he will still have to pay child support, that doesn't let him off the hook unless you do the adoption thing.

I know someone who gave up full custody and allowed the mother to change the childs name and he still is "suppose" to pay child support.

You should also send the papers "Certified" mail with a return reciept. This will prevent him from saying he never recieved them.

Actually, your best bet would be to get yourself a lawyer who practices family law. Expensive, yes but I'm sure your son is worth it.
 

Nickel

curiouser and curiouser
Actually, your best bet would be to get yourself a lawyer who practices family law. Expensive, yes but I'm sure your son is worth it.

A name change is a fairly straightforward process. All she needs to do is go to the courthouse and get the paperwork - everything is explained in the packet she will receive.
 

vraiblonde

Board Mommy
PREMO Member
Patron
I'ma change my name. I want to be named Trudy, after my favorite auntie. Then I can be Trudy Gude.

I like it. :yay:
 

Elle

Happy Camper!
Other things to think about after you change a name
Medial– update your insurance first and then your files at your dr. & hospital
New birth certificate – may be included in the process but may be additional step (and cost)
Social security – if you don’t change your name with them you will have to claim your old name anytime you file your number (taxes, new job)
Not sure what the process is for school
 
Top