Changing names...

Michelle - posted on 04/13/2009 ( 14 moms have responded )

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So I'm a single mom, my son has my last name and his father doesn't want him to have his (in fact he's changing his name- long story)... anyways I've been with my boyfriend now for almost 2 years and marraige is definetly in the works (yay!). I wanted to know if I can change my son's last name when I get married (I do have sole legal rights). Do I have to ask the father's permission?

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14 Comments

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Katharine - posted on 04/15/2009

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I thought I needed the father's permission but found out that if you file and he does not protest it is the same as him giving permission.  Her father still pays child support but both my daughter and I have my maiden name.

Michelle - posted on 04/15/2009

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Thank you everyone for your helpful, and inciteful responses.



 

Deborah - posted on 04/14/2009

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Considering all the different responses it may be different from state to state, so I would ask someone who really knows in your state, like your county courthouse.

Sheila - posted on 04/14/2009

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When I had my daughter, her father didnt want her to have his last name.  She ended up with the same last name as my son's who were from my exhusband.  I was using my maiden name again.  Eventually we did get married and she still has my ex husbands last name becausit has been a huge hassle to change it even though we are married and both biological parents.  Hope you have better luck.

Marie - posted on 04/14/2009

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hi michelle



no you dont have to ask the fathers permission



i had the same thing myself i found a site on the internet that charges £7.50 and it is completly legal and recognised by schools and passport control its like deed poll but much cheaper cant think of the name of the site right now but will hunt out megs certificate and get back to you on that one



good luck with everything



marie x

Michelle - posted on 04/14/2009

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His father's name is not on the birth certificate or even tied to him on his social security info as far as I know.

Michelle - posted on 04/14/2009

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Thanks for the response!

Lisa - posted on 04/14/2009

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Yes, you do.  You can petition the court for a Name Change for a Minor.  The biological father has to be notified and given the opportunity to contest it.  Contact your county courthouse.  They should have the paperwork; otherwise, you can download them yourself at www.mncourts.gov   Look for the link to court forms.

Julie - posted on 04/13/2009

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i believe here in the uk if the bio-father has no contact with the child over a period of time then you can change the babys name with out his consent. i was adopted by my step dad age four my mom was married to my real dad and we had his name but as he had not bn part of our lives for so many years he had no input as to our adoption or name change

Adrienne - posted on 04/13/2009

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If you have sole legal rights I dont think you have to ask the bio dads permission. Since he doesnt like his last name and is changing it anyway I dont think he will have a prob but guys can be a pain. A friend of mine had one son with her last name and since he was from a different dad then the younger son. She changed the older ones last name to that of her BF and I dont think she had a problem. You should check with your local Social Security office since your son will also need a new SS card.

Jennifer - posted on 04/13/2009

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I know in Wisconsin the step-father would have to legally adopt your son and up here it costs about $2,000 for the entire process.

Jeanne - posted on 04/13/2009

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Congratulations on the wedding!!!!  The thing is does the biological dad appear on the birth cerftificate?   If so, I believe you do need his permission.  If the bio-dad's name does not appear on the birth certificate then I believe your future husband will have to legally adopt him to take his name.  Laws change by state, province, country, for the correct legal answer verify with a lawyer specializing in family law and custodial issues, if you cannot afford one, ask a parents group if they know of one that will give you advice pro-bono.  You can always call the government offices that regulate these areas, they will be able to tell you what you can and cannot do.  Good luck.

Marion - posted on 04/13/2009

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your new partner can adopt your son after 2 years and as you have sole rights to your son his father doesnt have a say good luck

Emily - posted on 04/13/2009

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I am not sure. I know when my best friend's step father adopted her the biological father did have to sign something but it was more than just the name issue.