Changing My Son's Last Name from Mother's to Mine in North Carolina

[fight4myrights]

My question involves name change laws in the State of: North Carolina

Long story short I wasn't given a call until after the child was born and it was too late. She didn't contact me until the child was 3 months old. I signed the birth certificate. Is it possible to have his last name changed to mine without her consent in Norht Carolina? I'm sure I could have searched the forums a bit to find the answer, but I am extremely frustrated with her actions up to this point and don't have the patience to search for the answer. I have been searching for awhile on the internet with no definate answer.

[CourtClerk]

Is it possible to have his last name changed to mine without her consent in Norht Carolina?

No. You need her consent or a court order.

[LawResearcherMissy]

...and don't expect the court order to do more than tell her to hyphenate the child's name.

[fight4myrights]

what would it take to get a court order?

[CourtClerk]

You file an action in court and explain why it is in the child's best interest to have their name changed.

Note: Because you want it changed is not a good legal reason, nor is it in the child's best interest. How old is this child now anyway? What is your visitation schedule like? Do you have joint custody or does mom have sole custody?

[fight4myrights]

Custody has not been set yet. He lives with her, but no one has been granted custody yet. It is a long story, as I'm sure most cases are. Right now she is making it very difficult to visit with my son. She is playing the role of mother knows best and has basically kidnapped my son.

[tex08]

If you were not married to the mother, and there are no custody or restraining orders in place, she is the sole custodian of the child... until a court says otherwise. If this is the case, she has not kidnapped your son, as she is free to go where she chooses with her child and make whatever decisions she feels is in the childs best interest.

[fight4myrights]

Well it isn't just her child. I am on the birth certificate and pay child support and his healthcare.

[tex08]

Then get a custody order and assert your rights. Until you do she has the last word on any and all custody decisions.

[fight4myrights]

That is what I did. It is taking forever. NC requires I go to mediation before they will consider a court date. I was waiting on a court date for a temporary custody hearing, but mediation came first. Of course that didn't work out because I can't reason with her. Do you think that my lawyer is the reason I didn't get my temporary custody hearing? I am having a very difficult time getting even the slightest amount of cooperation from the court. My lawyer told me it was the judge, not him, that was unable to give me a temporary custody hearing.