Changing my sons last name!

Briana - posted on 07/09/2014 ( 5 moms have responded )

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I have a 6 month old son and I want to change his last name to my boyfriend who I have been with for 1 yr. and 4 months. His bio dad has no communication nor do I want him to. My boyfriend was there for me throughout the whole pregnancy and also now for my son. He has my last name not the father's so how could I change it to my boyfriends.. do I have to have his bio fathers permission and would I have to marry my boyfriend in order for him to give my son his last name?

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♫ Shawnn ♪♫♫ - posted on 07/09/2014

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Just remember that, since you 'don't want' the child's father to have contact, he CAN petition for custody on his own when he's served paperwork, and he can list parental alienation as his reason, since you have stated that you aren't encouraging the relationship.

A judge will not sever rights based on no contact if you haven't even attempted contact. If you have not attempted contact because you 'don't want' the child's father involved, the courts could look at it in an entirely different light. You cannot claim abandonment if you've not attempted to facilitate contact.

♫ Shawnn ♪♫♫ - posted on 07/09/2014

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If you are in the US, you will need to petition the state for a legal name change, and I would not change it to your current boyfriend's name...because then you'll be back petitioning when this relationship ends.

The biological father will be given a chance to respond to the petition, and a decision will be made by a judge.

What YOU want as far as a relationship between the child's biological father and the child is not your decision. What is important is the relationship. If the biological father wishes, he can take you to court, petition for custody, etc. If you have not established legal custody, I recommend that you do so now.

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Sarah - posted on 07/09/2014

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You will also need to marry your boyfriend and then go through adoption proceedings for your boyfriend/husband then your child can take your boyfriends last name. My suggestion would be to research the cost as it will be quite expensive.

Sonya - posted on 07/09/2014

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You have to get the biological fathers rights severed. Then you will be able to change it. You have to go down to the court and fill out the paperwork than they will serve your ex. You then will see a judge and he will decide if the rights can be severed, it is more difficult if the father decides he wants to be the father. If this happens you will have to prove he is a unfit parent or he has abandoned his son. Abandonment is defined differently in every state. I live in az so it is two years without support or contact. Hope this helps. We went through it with my daughter and my husband adopted her.

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