I have a child who has his fathers last name how can i change it to my last name?

Question

I have Sole custidy and he pays child support, do I have to have his consent for it if we were never married?

Answer 1

You have to petition the court. I did the same thing. I am in Ohio so the laws may vary from state to state. Just call your clerk of courts office and see what it is you need to do. I had to place an ad in two local newspapers (under the legal section) and send a certified (with return receipt) to the last known address of the father. When you provide receipts to the court that you have done these things then they give you a court date. In my case I had no idea where the father was, but I sent it to the last known address anyway. I did get a hold of the father on the phone through his mother and the conversation did not go well. I told him of my intentions and he cussed me out and said no way an I going to let you do that.

I explained to the judge everything that had gone on, that he said no way was he going to let me do that (since he did not show up for the court date) Judges get nervous when they do not hear from the fathers. He asked me if I had told the father of the court date and I had told him no the first conversation was unpleasant enough that if he wanted to fight it all he had to do was call the court house and find out when the date was.
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The judge asked why I wanted to change his name and I told him that he was starting school soon and since his dad was never around I would like us to share the same last name as me.

He ruled in my favor.

** Please note that I had the name change done and told the court that he said no way (his exact words were hell no) So I did not have his permission and he did sign the birth certificate......he also never paid child support either**

Answer 2

yes you do. save your money on that lawyer. here is the reason the childs medical insurance, school records, social security card, all have his fathers last name and it would be a burden to change all of that for the father. Also, the child will grow up confused and his emotional growth would greatly be affected by this cause he would see other children who have their father's last name as he attends school, and the father would have a difficult time asking for a copy of his medical records or the childs school records when the child does not even have his last name and thus it would become a burnden to the father. The judge would not agree to it, despite that the father did not show up in court to contest the petiton. Save your money on this. Best way is to ask the father if he wants to change it before a notary public or the health register when the birth certificates are given in your city. You might strike a deal with him. that you want to give the child a Movie Stars last name since you feel the child has good looks and can become a model or something. Or if you want your last name. tell him, that even thought he pays his child support you feel that your name is better than his and that it would be best to have your last name. just tell him you won't put up with his selfishness character of having his last name for the child that it has to be your last name or else.... and point your finger at him while you tell him this.. that should really scare him..... just save your time and money if he does not agree, most men are selfish they just want to have the child have their last name.

Answer 3

Unfortunately you do have to have the father's permission to change the name.I understand that you have sole custody but the father is paying child support and he also has right's.And even if he was not paying child support you would still have to have his permission because by putting his last name on the birth certificate in the first place gave him right's.Also if he were to give you permission to make the name change you would be asking him to give up his right's which in that case you would never be able to legally collect another penny of child support from him and why would you want to do that to your child.Your child deserves to have the father and support in their life just because thing's did'nt work out with the two of you please don't make your child suffer.Don't be selfish do what is in the best interest of your child.I work for the State of Florida court's and I see so many children suffer because their parents can't act like adults.

Answer 4

The law will vary depending on where you are. Check with a local lawyer.

Since you have sole custody it seems unlikely he could prevent the change. But why do you really want to do it? Most children have their fathers' name.

Throughout history, children have always been called "son of (father)" or "daughter of (father)". There is a reason for that. I

Everyone knows who the child's mother is. People knew you were pregnant and gave birth. The child does not need your name to prove that you are his mother.

But a father doesn't have that physical connection. A child does need his father's name to show who his father is.

Since he is paying child support, that shows he wants to have a connection with his son? Why take that away?

Answer 5

As long as the father is not on the certificate , you can get around it but sometimes they may ask for a letter form the father stating that it is ok . But if his name is on the certificate then yes he will have to sign. The father has to sign off saying then it is ok. if he dose not that the name stays the same. the best way to cover your back is to have the step parent adopt the child that way if he ever leaves he still will have to pay child support. I have gone through this my self and i had to get the father to sign off.

Answer 6

If he is the biological father of the child then YES, you need his consent to change the child's name or the court would not grant the name change.

Why would you want to do that to your child in the first place?

Answer 7

If he signed the birth certificate you can not change unless he consents to it. Since he is paying child support he is acknowledging that he is the father.

Answer 8

I think that you should consult the father before doing something like this. Did it ever occur to you that your child wanted to keep the name of his father?

Answer 9

changing your sons last name is easy but it takes about a year to complete. go to any government building or web sight and ask for the form to change name on birth certificate. but before you jump to doing that, why do you want change names? have you asked your son about this or is he to young? what happens if you get married a few years down the road, are you going to change it again? just changing a name is easy but you have to think about what your son thinks too. you do not have to go to court, the father may say he will but don't worry there's nothing he can do or the courts. please think about everything first before jumping ahead, best of luck!!!
THEY ONLY WAY IT COST MONEY THROUGH THE COURTS IS WHEN YOU'RE CHANGING NAMES BECAUSE OF ADOPTIONS. YOU DO NOT HAVE TO GO THROUGH THE COURT FOR JUST A NAME CHANGE. change of name may cost about $100 to 150 depending on where you live.

Answer 10

I think you do need his concent. Even though you have sole custody, the child is still his and he is helping to support the child.