Can I Change My Children's Name to Mine?

**chantellylace77** · 07-28-2008, 07:19 AM

My question involves name change laws in the State of: Arkansas

I was married in Mexico & both of my sons were born there. We are now back in the United States but my husband and I have gotten a divorce and I have been granted full custody w/him having restricted visitation only in my presence. He has left to reside in his home country, Mexico. He will lose his visa in 6 months;therefore will not be back to see the children. Since he is out of the country, child support cannot be enforced. I want to change my sons' last name to mine since their father has left & will no longer be a part of their lifes.

panther10758 · 07-28-2008, 07:28 AM

If you atttempt to do this he can protest and likely prevail

**chantellylace77** · 07-28-2008, 07:38 AM

How can he protest if he is out of the country and doesn't know? Do I have to advise him? He is not going to understand a legal document in English.

panther10758 · 07-28-2008, 07:43 AM

Yes you have to advise him he has rights!

**Xena** · 07-28-2008, 03:30 PM

Quoting chantellylace77

How can he protest if he is out of the country and doesn't know? Do I have to advise him? He is not going to understand a legal document in English.

You will have to inform him and get his consent. The court will not allow a name change without the other parent being legally notified and given the opportunity to be heard.