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How to change son's last name in Wisconsin

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  • 11-10-2006, 01:36 PM
    wisconsin-bride
    How to change son's last name in Wisconsin
    Ok so i had a baby with a guy.. gave my baby the guys last name :wallbang: now we are not together.. I don't even think he is on the Birth cirtificate.. there was no paternity done.. he is in jail(again) and I am married... my question.... would I be able to change my baby's last name to my married name??? and would I have to get the guys consent???
  • 11-12-2006, 04:48 PM
    Mr. Knowitall
    Re: How to change son's last name in Wisconsin
    Is there a custody or child support order between you and the baby's father?
  • 11-12-2006, 09:28 PM
    wisconsin-bride
    Re: How to change son's last name in Wisconsin
    thank you for your response!! well I know for a fact that there is no child support ordered.. and as far as he custody... I went to court but he was in jail when we were supose to go to court.... so I am pretty sure that i have all custody..but I have to check my papers on that one to be certain.......... now I have 2 more qestions..1) will I have to go back to the town/city that I did go to court in to do this?? or can i just do it where I live now? 2) how hard would it be to have my husband addopt my son??? Cause that is what we really want to do..
  • 11-13-2006, 07:45 AM
    Mr. Knowitall
    Re: How to change son's last name in Wisconsin
    If you previously went to court and any sort of order was issued, you would normally have to go back to the same court and petition for a name change there, and convince the judge that it is in the child's best interests. I can't be sure, as you don't know what happened in court.

    For step-parent adoption, it's usually not difficult where the biological father consents. It can be complicated if he opposes the adoption, but may happen anyway if there's been a sufficient period of noncontact and nonsupport (abandonment).
  • 11-13-2006, 09:35 PM
    wisconsin-bride
    Re: How to change son's last name in Wisconsin
    ok now with the abandonment.. he was in jail for the first 2 years of my baby's life.. I moved away and shortly after he got out.and he made NO kind of contact what so ever....then shortly after he went back to jail.. would that be enough to be abandonment??.. and would I have to co back to the same city or could I file for adoption from where I live now??Thank you SSSSOOOOO much for all your answers!!!!
  • 11-13-2006, 09:56 PM
    aaron
    Re: How to change son's last name in Wisconsin
    It appears that Wisconsin would apply the stautory provisions relating to the termination of parental rights in abuse and neglect cases, when evaluating if a child is abandoned for purposes of adoption. Section 48.415(1)(a)3 defines a child as abandoned if "The child has been left by the parent with any person, the parent knows or could discover the whereabouts of the child and the parent has failed to visit or communicate with the child for a period of 6 months or longer." The court can excuse noncontact where the parent has what the court finds to be "good cause" for the period of noncontact.
  • 11-21-2006, 09:37 PM
    wisconsin-bride
    Re: How to change son's last name in Wisconsin
    her you go found the court orders
    NO paternity test
    NO child support
    custody shall be with the parties jointly with the mother haveing primary physical placement , the father shall have periods of physical placement at reasonable times upon reasonable notice..
    Hopefully this can help you to be able to fully answer my questions

    and that "good cause" would they find him being in jail "good cause" to not contact ?? or that he doesn't care??
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