son is almost 5 father in prison want to change his last name to mine without his consent?

Tayla - posted on 09/18/2012 ( 1 mom has responded )

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my son is almost 5 and his father has never been around and is currently in prison and i want to change my son's name to my last name because i made the mistake of using my ex's last name thinking he would be a father but that didn't happen and i'm married and my son sees my husband as his father we have been together since my son was 1 so my son doesn't even know his real father because my ex chose not to be in his life and now its almost time for my son to start school and i want him to have my last name so i really need to know if i could change his name without my ex's consent?

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Vicki - posted on 09/18/2012

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You would have to check into that to find out the laws in your state. Where im from you need their consent regardless of weather they are in the picture or not! A letter gets sent to him registerd mail to prove that it was sent, and he needs to ok it.

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