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  1. #1
    Join Date
    Nov 2011
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    Default Changing My Child's Last Name to Mine in Louisiana

    My question involves name change laws in the State of: Louisiana. my son has his biological fathers last name. my son is three, the biological father has not been present for the last two years. the last time i received any voluntary payment from him was november 2010. i received back pay when he filed his taxes in march 2011. i did my homework on the internet and it said that even since i received his tax money i can still go by the date of his last voluntary payment as the date to beable to change my sons last name. is this correct? can someone give me any advice? HELP?

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    26,759

    Default Re: Changing My Childs Last Name to Mine in Louisiana

    Child support has absolutely nothing to do with changing your child's name.

    I have no idea where you got that.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Sep 2010
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    9,444

    Default Re: Changing My Childs Last Name to Mine in Louisiana

    Sorry Doggy, that's the wrong answer. In Louisiana (unlike most other states), the failure to pay child support does have a direct bearing on the minor name change process. The procedures change from parish to parish, so I suggest you contact the court in yours to find the exact procedure they employ.

  4. #4
    Join Date
    Mar 2005
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    Michigan
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    28,636

    Default Re: Changing My Childs Last Name to Mine in Louisiana

    Here's the statute:
    Quote Quoting Louisiana Revised Statutes, Sec. 4751. Petition for name change; adults; minors
    A. The name of a person may be changed as provided in this Section.

    B. Whenever any person who has attained the age of majority desires to change his name, he shall present a petition to the district court of the parish of his residence, the parish of his birth, or the parish of venue for the Vital Records Registry, or, in the case of a person incarcerated in a penal institution, to the district court of the parish in which he was sentenced, setting forth the reasons for the desired change.

    C. If the person desiring such change is a minor or if the parents or parent or the tutor of the minor desire to change the name of the minor:

    (1) The petition shall be signed by the father and mother of the minor or by the survivor in case one of them be dead.

    (2) If one parent has been granted custody of the minor by a court of competent jurisdiction, the consent of the other parent is not necessary if the other parent has been served with a copy of the petition and any of the following exists:

    (a) The other parent has refused or failed to comply with a court order of support for a period of one year.

    (b) The other parent has failed to support the child for a period of three years after judgment awarding custody to the parent signing the petition.

    (c) The other parent is not paying support and has refused or failed to visit, communicate, or attempt to communicate with the child without just cause for a period of two years.

    (d) Repealed by Acts 2001, No. 555, 1.
    (3) In case the minor has no father or mother living, the petition shall be signed by the tutor or tutrix of the minor and in default of any tutor or tutrix, shall be signed by a special tutor appointed by the judge for that purpose.

    (4) The petition may be signed by either the mother or the father acting alone if a child has been given a surname which is different from that authorized in R.S. 40:34(B)(1)(a).
    D.
    (1) A person who has been convicted of a felony shall not be entitled to petition for a change of name under the provisions of this Section until his sentence has been satisfied. This Subsection shall apply whether the offender is actually imprisoned or on probation or parole.

    (2) Notwithstanding the provisions of Paragraph (1) of this Subsection or any other provision of law to the contrary, a person convicted of any felony enumerated in R.S. 14:2(B) shall not be entitled to petition for a change of name.

  5. #5
    Join Date
    Apr 2009
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    Somewhere near Canada
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    26,759

    Default Re: Changing My Childs Last Name to Mine in Louisiana

    I sincerely apologize!

    I've learned something new - and of course, neglected to remember that Louisiana is a little..different.

    Thank you both for the correction
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  6. #6
    Join Date
    Sep 2005
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    Behind a Desk
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    Default Re: Changing My Childs Last Name to Mine in Louisiana

    Louisiana is more than a little bit different.

    I say that in the best possible way, of course. Their system of laws is based on the French Napoleonic Code, not British Common Law, and although its legal system has evolved into something not dramatically different from those of other states its laws and procedures continue to reflect those roots.

  7. #7
    Join Date
    Nov 2011
    Posts
    2

    Default Re: Changing My Childs Last Name to Mine in Louisiana

    thank you soo much for the information.

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