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My question involves name change laws in the State of: Tennessee
My son is 3 years of age, and the man that is supose to be his biological father has not been around since he was born. My fiance has been with me threw the pregnancy and has helped me raise him. How can I go about getting my son's last name changed to my fiance's last name?
you ask the child's father if it is ok. Once you have his permission, you file for a name change in court.
If you cannot get his permission, it will be much more difficult but it is unlikely the courts will allow you to change it to your fiance's name since it has no benefit for the child and actually makes it appear he is the father when he is not. Some folks here call that a back door adoption. It is frowned upon by the courts.
Even if there is no name for the father on the birth certificate? I'm not trying to get all the options because we live in different states and no contact with each other.
I meant to say that I am not trying to sound stupid.
No one is trying to say you are stupid. Have you even gone to court and gotten a support order for his real father? Usually this prompts the father to respond with visitation, as they sometimes hold off for their own financial reasons. At age 3, it is hard to say he wants nothing to do with his child.
Why not just go for a stepparent adoption? (You'd have to be married of course, and for awhile).
whether there is a name on the BC or not doesn't change the fact there is a father and it is not your fiance. You apparently know who the father is but never sought to establish paternity. Maybe that is why he has not been in his child's life.
I saw the term fiance used but I saw no mention of actually intending on getting married. That would be a good first step if they consider a step parent adoption: making the guy a step parent first.