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Can I Change My Son's Last Name Without His Father's Consent

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  • 02-10-2014, 02:06 PM
    singlemom35
    Can I Change My Son's Last Name Without His Father's Consent
    My question involves name change laws in the State of: VA

    Will I be able to change my son's last name without his father's consent? At the time of his birth I did not made his name hyphenated; turns out he is not the father and his biological father wants absolutely nothing to do with my child. I have filed for full custody, but can I also file for the name change at the same time?
  • 02-10-2014, 02:22 PM
    Mr. Knowitall
    Re: Can I Change My Son's Last Name Without His Father's Consent
    If you can convince a court that it's in the child's best interest to change your child's name, then the court can overrule your ex's objections to the name change.
  • 02-10-2014, 07:28 PM
    llworking
    Re: Can I Change My Son's Last Name Without His Father's Consent
    Quote:

    Quoting Mr. Knowitall
    View Post
    If you can convince a court that it's in the child's best interest to change your child's name, then the court can overrule your ex's objections to the name change.

    How was it determined that he was not the father? Was it a court ordered DNA test or a private one at home? Does he want to remain the legal father with the attending rights and responsibilities or is he objecting to paying child support because he is not the father? If the court dis-establishes his paternity then he would have no right to object to a name change for the child...nor would you need to file for full custody.
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