im getting married and my sons (8&10) want to change their last names legally to my fiances. their biological father only comes around a few times a year and doesnt pay child support but told us he will NOT let my fiance adopt them. however he did agree to let them change their last name to his. do we have to do a step parent adoption in order to change their last names?
2006-07-24 07:04:57 · 30 answers · asked by tulips♥77 5 in Family & Relationships ➔ Marriage & Divorce
I wouldn't imagine you'd have to go the adoption route, but different states have different laws. You could check with your local courthouse (or where ever it you go in your area to legally change names) to see what they have to say. It could be something as simple as their father giving written consent and you paying the required fee which could be several hundred dollars per name changed. If all else fails, you could check with child and family services and as he rarely sees them could demand he pay child support or maybe even terminate his parental rights. (Or, like in my daughter's father's situation, maybe both.) Best of luck! I hope everything works out the way you want it to.
2006-07-24 07:14:59 · answer #1 · answered by rockerbaby_sba 2 · 1⤊ 0⤋
An adoption is necessary I went through this with my dad and step dad. I was never legally adopted by my stepfather but they had me going by his name all through school. It wasn't until I went to get my age of majority card at 19 that I found out there was never an adoption and that I had no legal proof of name change. I had to change everything in my name back to my biological fathers last name
2006-07-24 12:01:18 · answer #2 · answered by jennbabe 2 · 0⤊ 0⤋
It depends on your state. It would be a legal name change just like you changing your name once married. In WI you do not need to adopt the child as long as the name change is uncontested and signed by both parents. It also depends on what type of custody each bio-parent holds. If it is joint legal custody you'll need his consent to change your children's names. If you have sole legal and physical custody you can change thier names at any time without his knowledge. As far as adoption that is a much different story.
2006-07-24 07:43:09 · answer #3 · answered by nick h 2 · 0⤊ 0⤋
You can change your children's last name without adoption by applying for a name change at your local social security office. I found information for you in case you may be interested in a step parent adoption later on in the future, because it's still possible to do whether the biological father is absent or not, even if he doesn't consent it can still be worked out. Good luck!
2015-08-21 08:17:28 · answer #4 · answered by Meredith 1 · 0⤊ 0⤋
If you don't want to do a step parent adoption then I believe they can get their last names changed with a cost. I would contact your court clerk for that information. Last names are free to change in a step parent adoption, like how yours is when you get married. If you still want to pursue a step parent adoption then I would do it because you have a great case. You may need a lawyer since he is refusing to sign away rights, but you can easily prove him unfit or absent and your husband can become their legal father.
2015-08-26 05:21:45 · answer #5 · answered by ? 2 · 0⤊ 0⤋
Your future husband has to adopt them....in order to get a legal name change...your ex husband doesn't have a leg to stand on..you can petition the court and tell them what a dead-beat Dad he is...the court will go in your favor simply because you are trying to provide a better home for your children...In most cases the Women always win...good luck
2006-07-24 07:10:56 · answer #6 · answered by celine8388 6 · 0⤊ 0⤋
In order to legally change their last names, their father must agree to it and you have to take it to court for the judge to decide if it should happen or not. If the father says no, it can not be done.
2006-07-24 07:13:47 · answer #7 · answered by RainCloud 6 · 0⤊ 0⤋
If the biological father is on the birth certificate, he is going to have to sign off on the kids. If he is not on the b/c then you contact the social security office and have him added as the father of the children.
Then you will have to apply for new SS cards, but you will have to show proper documentation to verify it is a legal name change.
best of luck to you ;)
2006-07-24 07:25:27 · answer #8 · answered by young at heart 4 · 0⤊ 0⤋
if the biological father allows him to take his name. adoption is the only way regardless. If the bio..has past. he can easily but still needs to get paper work from the courts to change name.
2006-07-24 07:07:29 · answer #9 · answered by Anonymous · 0⤊ 0⤋
The only way is to have their biological father sign them off - which it sounds like he will never do. So get a lawyer and do it legally!
2006-07-24 07:06:49 · answer #10 · answered by ? 7 · 0⤊ 0⤋