My son is 2 and his bilogical father has never seen him or take care of him, My child however has his lastname but his biological father is not in the birthcertificate. I got married and I have my husban's last name now, My husband wants my son to have his last name how do i go about doing this. Do I have to contact that missable person who hasnt care for his son, can i do on my own, or can i just change it or use my husband's last name? Please I need help.
2006-12-11 06:43:44 · 11 answers · asked by u_better_remember_me 3 in Pregnancy & Parenting ➔ Parenting
Me and my husband been togueter for 8 Years, and he loves my son, he actually suggested me that he wants my son to have his last name. We live in the State of texas.
2006-12-11 07:33:45 · update #1
Im in the same situation as you. It depends on what state you live in. The bio father's name is not on the birth cert so technically he has no rights. You can put your husbands name on the birth cert then change your sons name or contact the courts to put in a petition to change his name. Like I said it depends on the state: they may just require an ad in the newspaper saying you are requesting a change in name from .... to ..... . Contact your local family court to find out exactly what you need to do. You shouldnt have to get consent from the biofather because he isnt on the birth cert. Good Luck and Congrats on finding a great man!!!!
2006-12-11 07:01:35 · answer #1 · answered by Kristin Pregnant with #4 6 · 1⤊ 0⤋
You son should be using the name that is on his birth certificate
If your husband wants to adopt your son then the person who is named on his birth certificate has to give permission.
It may be possible for you to change your son's last name but I would like to caution you against this.
I allowed my second husband to adopt my son and his father agreed to the adoption. This became a horrendous mess several years later when I was trying to divorce my second husband due to his abusing drugs, alcohol, me and my son as well. He did not actually want to see my son but used it as a tool to extort money from me and my family so that we could end his parental rights.
People change. Give it some time and be sure your husband is the kind of decent person your son needs to raise him. Also, your son should be using the name on his birth certificate because if he goes to school that is what they will use for his name
2006-12-11 07:15:39 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You can either pay a fee to the court to change it, or you can have your husband to adopt your son and get the name change done for free. I'm doing the same thing with my daughter.
2006-12-11 06:52:42 · answer #3 · answered by lovin_life06 1 · 0⤊ 0⤋
if bio dad has not signed the birth cetificate then you dont need his consent,
just go to the courts, and your new hubby can adopt him, he sounds like a great guy to love and care for your son for 8 years, i hope you all stay a happy family togther.
2006-12-11 08:23:13 · answer #4 · answered by Anonymous · 0⤊ 0⤋
if "bio" daddy's name isn't on the birthcertificate...then it's simple...just get an attorney and have him adopted! Tell "daddy" merry christmas...he will be a daddy (legally)!~ And I know this doesn't make it any better / different than it already is...we are adopting and I am trying to make the actual adoption hearing on my hubby's b-day!
2006-12-11 08:07:29 · answer #5 · answered by Mom to Foster Children 6 · 0⤊ 0⤋
Contact your local clerk of court office. I am sure you have to advertise it for so long in the newspaper in order to satisfy notifying his biological father. The rest is just paperwork. Good luck to you!
2006-12-11 07:08:38 · answer #6 · answered by Lost in Maryland 4 · 0⤊ 0⤋
im not great on this subject but u can have your son us ur maried name as a last name but the birth certificate cant be changed so i beleve me and my partner r not married but our 3 children use his sirname hope this helps a bit:)
2006-12-11 06:48:24 · answer #7 · answered by rosieraddy 2 · 1⤊ 0⤋
I believe you have to go to court and the ex needs to consent to this as well. I would call family court.
2006-12-11 06:48:44 · answer #8 · answered by courtney b 3 · 0⤊ 0⤋
You might need to contact your local courthouse, or county clerk. They might have more info for you. Also, do a search online.
Goodluck.
2006-12-11 06:49:21 · answer #9 · answered by *Logan's Mommy* 5 · 0⤊ 0⤋
to do this your sons father will have to sign away his rights and says it ok for your husband to adopt
2006-12-11 06:53:27 · answer #10 · answered by kleighs mommy 7 · 0⤊ 1⤋