We have full cusody of my son(nephew) and want to change his last name to ours before he starts school. He was abused and my sister married the man that hurt him. He has been with us for 3 years. He has not see or spoken with her in over 2 years. She wont agree to change his name. Does anyone know if there is any way to do this without her? Or make it so she doesnt have ANY say with him? Can we just use our last name and not change it legally?
2007-02-15 04:54:14 · 11 answers · asked by knight_janette 3 in Family & Relationships ➔ Other - Family & Relationships
It takes more than giving birth to be a parent! I have given birth to 4 children and I am just as much his mama as I am to my birth children. His birth mother neglected him, and married the man that abused him. My son has shaken baby (brain damage). He does not remember her and still has nightmares about him. He does not know that there is any difference from the other kids. It is going to confuse him when he starts school. My sister wont sign the adoption papers so we have to wait. I just wanted to know if there was any loop holes. To maybe make this less painful for my son. Thanks for any info.
God Bless
2007-02-15 07:20:36 · update #1
since the child has been with you for 3 years and the parents have not seen him in 2 is there any court involved in the matter. if so you can ask for parental rights to be terminated so you can adopt him without the problems. call the department of human services to see what they can do for you . also if that doesn't come through in time you can talk to the school and ask them if he can use your last name and have his documents under both names as not to confuse him.good luck and God bless.
2007-02-15 10:55:50 · answer #1 · answered by Charlee S 2 · 0⤊ 0⤋
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.
2007-02-15 05:16:06 · answer #2 · answered by lodnem 3 · 0⤊ 0⤋
You should have the name changed legally. In some states, the parents signature is required. In others, it just depends on the situation of the child, what is best for him or her. A judge will take the situation into consideration. There are ways of avoiding the permission slip though.
http://www.namechangelaw.com/
2007-02-15 05:04:39 · answer #3 · answered by mama 5 · 0⤊ 0⤋
Just go to Family court and start the paperwork, if there has been no contact for two years, you may not need the mother's permission, have you adopted him? Maybe adoption is the answer, but go to Family court and get going on this, someone there can advise you.
2007-02-15 05:00:17 · answer #4 · answered by smartypants909 7 · 1⤊ 0⤋
If you just use your last name that could be confusing because the school will not be able to make official records for him to use later in life. If you have permenent legal custody of him than you may be able to change his name without your sister's say. Check with whoever handles the custody agreement.
2007-02-15 04:58:59 · answer #5 · answered by summer 5 · 1⤊ 0⤋
If you have full permanent custody then you should be able to go thru the courts without your sister having a say so. It really just depends on the agreement you have with her and/or courts.
2007-02-15 05:04:37 · answer #6 · answered by eharrah1 5 · 0⤊ 0⤋
You ONLY have legal "custody". You did not outright ADOPT your nephew. You have NO legal right to change his birth name without his MOTHER'S consent. You would have to go to court to do this without her consent. She is STILL the LEGAL PARENT. You are just the legal guardian.
2007-02-15 05:00:52 · answer #7 · answered by Minky 3 · 0⤊ 0⤋
Is her parental rights terminated? Have you legally adopted the child? If so, then there is a way(probably at the adoption). If not, then I do not think there is a way.
If her rights are intact and you haven't adopted the child, I advise you to do so asap.
Good Luck.
2007-02-15 05:00:24 · answer #8 · answered by Bekah 2 · 1⤊ 0⤋
The Biological father would have to sign over his parental rights in order for your husband to adopt him..And the sad thing about it is the biological father does not have to be in your son life at all. If he does not sign over his rights your will have to wait until he turns 18.
2016-05-24 03:49:43 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Talk to a family lawyer. Do you have legal custody of your nephew? That may be the next step too.
2007-02-15 04:57:52 · answer #10 · answered by Jo 6 · 0⤊ 1⤋