my friend lost custody, their dad wants to change there last name can he? even tho he is not on birth certificate?

Miranda - posted on 03/02/2015 ( 5 moms have responded )




We are not sure how this works, okay my friend lost custody of her two boys and their father now has full custody, he wants to change their last name to his, HE is not on the birth certificate can he if she doesn't not agree too? And if she get custody back can she change their name back to hers? Any information would be helpful thank you


Ev - posted on 03/03/2015




I have to agree with Shawnn. It should not be about what the parents want but the best interests of the kids. Why did mom loose custody to dad in the first place? And as long as Dad has proven paternity even if he is not listed on the BC he can ask for the name change but that does not mean he will get it.

♫ Shawnn ♪♫♫ - posted on 03/02/2015




First of all, tell them both to friggin grow up. This crap of one upping, changing names, etc, is juvenile at best.

LEGAL name changes in the US must be initiated through a court of law. A petition must be filed, it must be published for 6-8 weeks (depending on local laws), responses will be considered, and then a judge will make the decision.

If the custodial parent petitions, the non custodial parent can enter a response. It will still be decided by a judge.

As far as the whole juvenile "If you do it, I'll just do it back" crap...they both need to grow up. If the kids are his, biologically, why should they NOT carry his name? The adult thing to do would be to compromise and hyphenate. Good grief. If they're that bent about the friggin NAME...what kind of treatment are these kids really getting, other than being pulled between two very immature parents...?


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Raye - posted on 03/03/2015




I agree with Evelyn and Shawnn. If he was awarded custody, then paternity was established even though his name is not on the birth certificate. He can petition for the name change, but she can contest it and the judge will decide.

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