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Can My Ex Change My Son's Last Name Without My Consent

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  • 08-28-2013, 10:55 PM
    mthison
    Can My Ex Change My Son's Last Name Without My Consent
    My question involves adoption law for the State of: IL
    My ex and I have a son from a non marital relationship. She is getting married in December 2013 and my question is: Can she change my son's last name to her soon to be husband's last name if we were never married and I am not on the birth certificate?


    thanks in advance

    P.S.

    I have visitation and pay support...wasn't sure if that was relevant.
  • 08-28-2013, 11:04 PM
    jk
    Re: Can My Ex Change My Son's Last Name Without My Consent
    why do you pay support and have visitation if you are not on the birth certificate?

    Have you been legally determined to be the father? If so, then you can contest a name change. It will be up to the courts to approve or deny the petition to change his name.
  • 08-28-2013, 11:07 PM
    mthison
    Re: Can My Ex Change My Son's Last Name Without My Consent
    Yes, DNA was done, support and visitation are court ordered. I've read the Illinois Statutes 735 IL CS 5/21-101 and it doesn't appear she will be able to change his name. I was just looking to get confirmation of my understanding of this statute...
  • 08-28-2013, 11:10 PM
    jk
    Re: Can My Ex Change My Son's Last Name Without My Consent
    she can apply to change the name. If she can justify the name change, she will be allowed to change the name.


    Quote:

    An order shall be entered as to a minor only if the court finds by clear and convincing evidence that the change is necessary to serve the best interest of the child. In determining the best interest of a minor child under this Section, the court shall consider all relevant factors, including:
    (1) The wishes of the child's parents and any person

    acting as a parent who has physical custody of the child.
    (2) The wishes of the child and the reasons for those
    wishes. The court may interview the child in chambers to ascertain the child's wishes with respect to the change of name. Counsel shall be present at the interview unless otherwise agreed upon by the parties. The court shall cause a court reporter to be present who shall make a complete record of the interview instantaneously to be part of the record in the case.
    (3) The interaction and interrelationship of the
    child with his or her parents or persons acting as parents who have physical custody of the child, step-parents, siblings, step-siblings, or any other person who may significantly affect the child's best interest.
    (4) The child's adjustment to his or her home,
    school, and community.
    (Source: P.A. 94-944, eff. 1-1-07.)

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