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  1. #1
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    Jan 2008
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    Default Changing My Son's Last Name To Mine - His Father Is In Prison

    HI
    FIRST TIME HERE... I HAD A QUESTION AND ANY INPUT IS MORE THAN WELCOME
    I HAVE A SON WHO HAS JUST TURNED ONE. HIS FATHER IS GOING TO PRISON FOR 4-8 YEARS. WE ARE NOT TOGETHER. I JUST WENT TO CHILD SUPPORT COURT AND I AM THE MANAGING CONSERVATOR AND HE IS THE POSSESORY CONSERVATER. THE JUDGE ALSO GRANTED THAT THERE BE NO VISITATION AT THIS TIME UNLESS MUTALLY AGREED. I DO NOT PLAN TO TAKE MY SON TO A PRISON TO VISIT HIS FATHER. SINCE HE WAS SENT TO PRISON DAYS BEFORE COURT HE WAS NOT ABLE TO ATTEND WHICH MADE IT EASIER TO GET THE ARRANGED. HE IS STILL OBLIGATED TO PAY CHILD SUPPORT WHEN HE COMES OUT. I WAS TOLD THAT HE WANTED TO GET VISITATION RIGHTS HE WOULD HAVE TO HIRE AN ATTORNEY AND SEND ME TO COURT.

    NOW....... I WOULD LIKE MY SONS LAST NAME TO BE MINE. I WOULD LIKE TO ALSO GIVE HIM A MIDDLE NAME( RIGHT NOW ITS MY LAST NAME) HIS FATHER DID SIGN THE BIRTH CERTIFICATE AND THE ACKNOWLEDGMENT OF PATERNITY FORM. IM SURE THAT HE WOULD NOT WANT ME TO CHANGE HIS NAME TO MINE BECAUSE HE IS IN PRISON RIGHT NOW HE IS TRYING TO HAVE HIM IN HIS LIFE. HE SHOWED NO INTREST DURING MY PREGNACY NOR THE FIRST 6 MONTHS OF HIS LIFE WHEN HE WAS OUT IN THE FREE WORLD. HOW CAN I GET THIS DONE? SINCE HE IS IN PRISON DO I HAVE BETTER CHANCES OF CHANGING IT... EVEN THOUGH HE WOULDNT LIKE IT? ABOUT HOW MUCH DOES IT COST TOO. PLEASE HELP.

  2. #2
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    Sep 2005
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    Default Re: I Want To Change My Sons Last Name To Mine. His Father Is In Prison.

    You can petition for a name change under the laws of your state; I don't see that you disclosed your state. The petition will normally go before the custody court for a hearing on whether a name change is in the best interest of the minor child. The father can attempt to oppose the petition, although obviously that would be complicated (for him) if he's incarcerated.

  3. #3
    Join Date
    Jan 2008
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    4

    Default Re: I Want To Change My Sons Last Name To Mine. His Father Is In Prison.

    im in texas best interest of the minor child..... well the fact that his father is in prison should be enough right? hope so...

    aslo if the father opposes , which givin that opp. he will. ..... but if he does will i have to wait till he gets out. or is it like he cant show up in court... the judge grants it.

    i ask this because he was not in court for child support. everything went in my favor because he is in prison.

  4. #4
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    Feb 2007
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    Default Re: I Want To Change My Sons Last Name To Mine. His Father Is In Prison.

    Quote Quoting MISTAKES
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    im in texas best interest of the minor child..... well the fact that his father is in prison should be enough right? hope so...

    aslo if the father opposes , which givin that opp. he will. ..... but if he does will i have to wait till he gets out. or is it like he cant show up in court... the judge grants it.

    i ask this because he was not in court for child support. everything went in my favor because he is in prison.
    No. The father being in prison, in of itself, is not a good reason to grant a name change. If he is in for rape, murder, crimes against a child...perhaps the judge may see that an association by name would not be in the child's best interest. The father can hire an attorney to appear in court to fight this.

    What was Dad's crime? Did he have a criminal history BEFORE you got pregnant with your child?

  5. #5
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    Jan 2008
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    4

    Default Re: Changing My Son's Last Name To Mine - His Father Is In Prison

    u mean hire an attorney ater he gets out right? he went to prison before i became preg for selling drugs. we got together seems like a few months after that (does not look good on my part) but then went to jail for 8 months for sexual assualt on 2 separate cases. right when he went to jail i found out i was pregnant. he was released because the cases were dropped.i didnt talk to him that entire time. he came around for our sons birth , i guess post partum allowed me to do that. but then he was arrested for drug charges again. he was on parole so he will be going to prison for up to 8 years. i know some of these things dont look good on my part. im now going to start school here taking my basics but soon after want to major in phycology.

  6. #6
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    Feb 2007
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    2,032

    Default Re: Changing My Son's Last Name To Mine - His Father Is In Prison

    Quote Quoting MISTAKES
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    u mean hire an attorney ater he gets out right? he went to prison before i became preg for selling drugs. we got together seems like a few months after that (does not look good on my part) but then went to jail for 8 months for sexual assualt on 2 separate cases. right when he went to jail i found out i was pregnant. he was released because the cases were dropped.i didnt talk to him that entire time. he came around for our sons birth , i guess post partum allowed me to do that. but then he was arrested for drug charges again. he was on parole so he will be going to prison for up to 8 years. i know some of these things dont look good on my part. im now going to start school here taking my basics but soon after want to major in phycology.
    No. I mean he can hire an attorney FROM prison to represent him in court. He doesn't have to be in court at all.

    Considering you were aware of his "history" BEFORE you got pregnant, gave birth and voluntarily named your child HIS LAST NAME...Why do you suppose a Judge will change it now? Don't get me wrong...s/he could deem it in the child's best interest...But s/he may not. I don't believe his criminal history will be a factor...It wasn't a factor for you a year ago.

  7. #7
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    Mar 2005
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    Default Re: Changing My Son's Last Name To Mine - His Father Is In Prison

    His expected long-term absence from the child's life, though, is a factor the court can consider.

  8. #8
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    Default Re: Changing My Son's Last Name To Mine - His Father Is In Prison

    Quote Quoting aaron
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    His expected long-term absence from the child's life, though, is a factor the court can consider.
    I agree... That would be a consideration. But the Judge may believe that is a foreseeable consequence of choosing a criminal for a father. I think that the OP would have to prove HOW having this man last name is harmful to the child and how the child life would be better for a change in name.

  9. #9
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    Mar 2005
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    Michigan
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    Default Re: Changing My Son's Last Name To Mine - His Father Is In Prison

    I've yet to see a judge say something like, "I won't order a name change for this child because you chose to have a relationship with a criminal."

  10. #10
    Join Date
    Feb 2007
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    Default Re: Changing My Son's Last Name To Mine - His Father Is In Prison

    Quote Quoting aaron
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    I've yet to see a judge say something like, "I won't order a name change for this child because you chose to have a relationship with a criminal."
    lol!! Neither have I...

    But, based on the OP's reasons for a name change, there is no new, compelling reason for the name to BE changed.

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