Change son's last name?

Question

I went to court two years ago fighting for full sole custody of my son and change of last name,The judge told me that since the dad was not present at the time that I couldnt chage the last name that I had to wait a year to give him time to show up, but I oviously gave it another year to make more time, but nothing has improved, my son's father has not been in his life for 10 years and I would say he has abandon him, So now two years it's been more than enough time now I want to follow up and change his last name,I want my husband to adopted him and be his legal guardian,
Please give me some advice on what I should do..
Thank You

Answer 1

I think the father of your child has been gone way too long and it is abandonment. See if you can have all parental rights taken from your child's father, I believe it is different than having sole legal and physical custody.

After you have terminated all his rights, then move forward with the adoption.

Good luck.

Answer 2

Where I live, you have to get notarized written permission from the other parent to have your child's name changed legally if they have paid child support within the last 2 years. If they haven't, and you can show proof of it, you just have to send a official notice of intent to do so to their last know address. Adoption here is a different story. You have to be married to your husband for a calendar year, the courts do a background check on your husband and interview him, AND the biological father has to sign a notarized form/letter relinquishing his parental rights. Check with your local court system at your court house. Calling first may save you some time. Good luck. The name change can be part of the adoption if you go that route.

Answer 3

when i was in grade school my name was changed a few times when my mom was in her "i'll marry some bums" stage. it was never legal, but the schools had no problem changing john smith to john doe and my friends thought it was pretty funny. perhaps now things are more strict with all the computer records and what not, i really don't know. i have to say that i am thankful my name wasn't legally changed. my birthname is my lineage for better or worse, and it is part of who i am and where i come from. i overcame my past and there was something about restoring honor to my name that was very important to me. hope the answer helps in some regard.

Answer 4

I had this same thing happen to me when I was 16 years old. All you have to do is go to the town hall where you live and fill out an application. They will have you put and ad in a local newspaper to give the fater 2 weeks to contest it. He most likely will never see the ad. Once the add runs out the cost is minimal and the form you will out will be notarized and becaome your son's new birthcertificate. Just make sure this is something your son wants to do as well.

Answer 5

I think as the father has made a claim to be a proper guardian of your son then by now he has no right to stop the change of name unless he turns up and says no. You can probably change your sons name in the usual way (going to the court house and signing documents etc) probably more expensive but might be quicker.

Answer 6

Petition the family court and prove there has been no contact or support from the father for so long. Get friends or family and church to back you up on this. Show current husband's willingness to adopt and file guardianship papers at same time

Answer 7

No offense, but I wouldn't change his last name just because his father isn't around. The reason being that when I went to trace my family history on both sides it was a real pain because some of the people were not given their father's surname. Whether it was because they were illegitimate or for whatever reason, it made it alot more difficult. I am not saying you are wrong for wanting to do it . I am just explaining why in my opinion I wouldn't. Good luck though in whatever you decide to do. It sounds like you will need it with the courts you are dealing with.

Answer 8

You need to contact an attorney that specializes in adoption cases and also in divorce and child custody. They will be able to help you in setting up the necessary files and documents, as it will be quite lengthy for your present husband. My brother adopted his wifes oldest daughter and they did a background check, finances, health, etc. before he was allowed to petition the court. That was many years ago however, so I recommend you not listen to street lawyers, but contact a reputable lawyer. You could contact your courthouse, as they might have a list of recommended lawyers who could help you. Or you could call your state attorney general who should have a list of lawyers who specialize in that field.
Good Luck to both of you.

Answer 9

Give the choice to your son. I went sorta under the same thing, but I was a teenager. I want to change my last name b/c my biological dad wants nothing to do with me just b/c i lived with my mom.
But give the choice to your son. A last name wouldn't mean that your husband couldn't be his legal guardian.

Answer 10

An adoption will include a change of name. Have your present husband file a Petition for adoption. If you cannot get your ex's consent youy will have to follow your state's procedures for a non-consensual step parent adoption. You should have an attorney handle it.