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  1. #1
    Join Date
    Apr 2012
    Posts
    1

    Default Can I Change My Son's Last Name to Mine Without the Father's Permission

    My question involves paternity law for the State of: West Virginia
    So my son will be five this week and his father has not been in his life since he was about 2 years old, and his father also recently got out of jail for child abuse. I was wanting to change my sons last name to mine,but wondered if I had to get the fathers approval because he is the type to fight me tooth and nail not because he wants to see him or be a dad just to make me miserable. He is not on the birth certificate and has never paid child support. How would I go about this? thanks. Also do I have good grounds to stand on if I would go after his rights as a far after his charge of child abuse?

  2. #2
    Join Date
    Sep 2010
    Posts
    9,270

    Default Re: Can I Change My Sons Last Name to Mine Without the Fathers Permission

    The father must be notified and without consent it takes "clear, cogent, and convincing evidence" that the child's best interests would be served by the change.

    You being miserable is not even a concern that the judge will consider.

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