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25 answers

Are you asking if it's "LEGAL" to change your child's last name to yours without consent of the mother?

I think you may need a lawyer. Are you talking about changing the last name of the child as it appears on the childs birth certificate? Part of your answer depends on where in the world you live. Part of your answer depends on the conditions underwhich the child does not have your last name. (I shall refrain from making assumptions.)

I can tell you this. In the USA, it used to take some form of legal action to change the last name of a child from what was on the birth certificate to something else even with the consent of both parents. For that matter, it used to take some form of legal action to change the last name of an adult. In the case of my family, we had to fill out forms and then go in front of a judge to get our last name changed. I am over 50 years old and to this day I still have problems getting a passport and proving my identity. Amongst all the documents I keep and have to show is a notarized copy of the name change document. It gets very complicated at times.

I don't know how the laws read today. However I doubt that it's gotten any less complicated and tangled up. That's why I suggested getting a lawyer.

2006-07-27 14:18:08 · answer #1 · answered by Spiritual but not religious 4 · 0 0

first of all do you KNOW the child is actually yours? If so, you can go through the court system and have it changed, if you can prove that you are the legal father. To do this without the mothers consent is another question. You should really consult an attourney. There are ones out there that do FREE consultations.... call one

2006-07-27 14:00:49 · answer #2 · answered by snovak49849 3 · 0 0

No, unless you have SOLE physical AND legal custody.
You could go to court with an attorney, family law and ask the judge, talk to an attorney.
If the childis young and she has not remarried etc. He might think that the traditional fathers last name be used legally,
If you are divorced and the child had your last name she has to still use it, she cant just change it either for the child.

2006-07-27 13:59:03 · answer #3 · answered by ? 6 · 0 0

No. If the mother is unavailable, then perhaps you could go through court processes to prove that and have the child's name changed, but if the mother has custody or shared custody, then your chances are slim to none without her consent.

2006-07-27 13:55:23 · answer #4 · answered by wellbeing 5 · 0 0

You need to file a petition for name change with the appropriate court and give the mother notice of the petition and the hearing.

2006-07-27 16:32:13 · answer #5 · answered by Carl 7 · 0 0

Might depend what last name the child was given on the birth certificate

2006-07-27 14:13:18 · answer #6 · answered by dragonfly 4 · 0 0

Depending on what state you live in, I live in WV and i change my kids last name, I had to put a Ad(classified) in our local news paper and run it for a week, His father never answered the ad or showed up for court, So the judge changed his last name back to mine. Check your states laws about-Name change in your area. Good Luck

2006-07-27 14:03:35 · answer #7 · answered by krazzeeass80 2 · 0 0

No not without mother's consent

2006-07-27 13:55:54 · answer #8 · answered by conundrum_dragon 7 · 0 0

What those each and every man or woman is affirming isn't inevitably genuine. My ex signed the start certificate and then requested for a paternity try after we broke up and that i requested for help. Get a lawyer quick and ask them to ask for a paternity try for you and the youngster.

2016-10-15 07:01:33 · answer #9 · answered by ? 4 · 0 0

impossible you have to do it through the courts for it to be legal and then the mother has to agree with it

at the age of 18 the child should be allowed to and do it on his/her own if she chooses that she wants to

2006-07-27 13:55:33 · answer #10 · answered by jennbabe 2 · 0 0

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