2006-12-11 11:04:50 · 15 answers · asked by Christine Q 1 in Family & Relationships ➔ Marriage & Divorce
My sons biological father is around and not capable of taking care of my son if something were to happen to me due to a dissability. My son sees his father every other Sunday. My new husband loves my son and would love to adopt him, but wont do that to my sons father. I am now due to have a 2nd child and my son has mentioned more than once about having his last name changed so he feels like he's part of the family.
2006-12-11 11:25:04 · update #1
Yes and no. You could request the name change for him, but it will be questioned why. You have to have a good reason. And the judge will ask why. If your husband adopts him, it will be easier. Check your local laws.
2006-12-11 11:11:35 · answer #1 · answered by Joe S 6 · 0⤊ 0⤋
If the child's biological father is around, he's gonna have to consent to any name change just like he'd have to agree to anything else. Unless you have FULL legal custody, he has a say in what you do with his child's name (yes, even if he's behind on child support or whatever).
If bio-dad is out of the picture and your hubby legally adopts him, then he will be for all intents and purposes the child's father. (For example if you two ever do divorce then adoptive dad is on the hook for child support.)
This is a major decision your child is trying to undertake. Do you think your child is really old enough to make that decision? What if you and your new divorce? Then, would he still want his last name? Those are the questions your son needs to answer.
Does your new husband want teh child to ahve his last name? Id' suggest you wait a year and if he still wants to do it then re-evaluate the situation.
Good luck and happy holidays!
2006-12-11 19:19:44 · answer #2 · answered by kathylouisehall 4 · 0⤊ 0⤋
How does your new husband feel about this. The name regardless if your child's father is not around then your new husband should adopt him simply because if any should happen to you he may not be able to claim your son legally.
2006-12-11 19:11:34 · answer #3 · answered by wanabe30 2 · 0⤊ 0⤋
No he can change his last as long as you a re the only one that has custody of him. That being the case it means that your husband doesn't have any legal rights.
2006-12-11 19:11:55 · answer #4 · answered by Anonymous · 0⤊ 0⤋
NO. Your husband does not need to adopt him. Anyone can legally change their name to whatever they want. Go to your local courthouse and they will tell you how to do it. If he's under 18 you will have to be with him.
2006-12-11 19:09:56 · answer #5 · answered by mazey1967 2 · 1⤊ 1⤋
yes y our husband has to adopt
2006-12-12 12:46:59 · answer #6 · answered by celeste_moon 3 · 0⤊ 0⤋
Yes he does have to adopt him legally .
2006-12-11 19:27:05 · answer #7 · answered by IT'S JUST ME ! 7 · 0⤊ 0⤋
If he is under 18, you have to get it ok'd by his biological father!
2006-12-11 19:22:22 · answer #8 · answered by Delia 2 · 0⤊ 0⤋
yes, if that is a problem your son can always change his name by deed poll, my daughter/step did just that. hope that helps.
2006-12-11 19:13:00 · answer #9 · answered by Anonymous · 0⤊ 0⤋
go a head and change his name you can change it to any name u like adoption has nothing to do with it
2006-12-11 19:11:16 · answer #10 · answered by Anonymous · 1⤊ 1⤋