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Children's Name Change in Virginia

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  • 03-15-2015, 07:51 AM
    Nicole0927
    Children's Name Change in Virginia
    My question involves name change laws in the State of: Virginia

    I have twin three year old sons. At the time of their birth I was separated from my ex husband for 4 years due to argument over who would pay for the divorce. The father of my twins did not sign the birth certificate but paternity was established via dna in a child support case. My sons have my ex married last name.

    I have since remarried and the biological father was absent the first three years of their lives by his own choice. Now he is getting supervised visitations that have not been court ordered, we are working it out outside of court.

    I believe the boys need to have either mine or their father's last name. Since I am the one with custody and have cared for them since birth I believe they should have my current married name. The father will not agree and want them to have his.

    I understand that they may end up with his last name because after all he is their father. I feel though that since I will be the one registering them for school and taking them to dr visits and the like, it makes more sense that they have mine.

    What are my chances of getting their names changed to mine?
  • 03-15-2015, 08:35 AM
    flyingron
    Re: Childrens Name Change in Virginia
    Your reason for the change is not going to mean much to the court. Children even in intact families often don't have the same surname as the mother.


    It would have been easiest to do the name change at the time paternity was established. Follow the procedures now for a minor name change. You must have either the father (the currently determined father not the ex-husband whose name is currently being used) join in the petition or you must serve him to give him the chance to object. The JDR court will determine if the change is in the best interest of the court. However, I suspect that a change to the father's name would be straight forward and a change to your name if not protested by the father would be easy as well.
  • 03-15-2015, 09:20 AM
    Nicole0927
    Re: Childrens Name Change in Virginia
    Quote:

    Quoting flyingron
    View Post
    Your reason for the change is not going to mean much to the court. Children even in intact families often don't have the same surname as the mother.


    It would have been easiest to do the name change at the time paternity was established. Follow the procedures now for a minor name change. You must have either the father (the currently determined father not the ex-husband whose name is currently being used) join in the petition or you must serve him to give him the chance to object. The JDR court will determine if the change is in the best interest of the court. However, I suspect that a change to the father's name would be straight forward and a change to your name if not protested by the father would be easy as well.

    Thank you flyingron. I fear neither one of us want to agree with the other. It will end up in court. I was just wondering if we are each competing, who the court is more likely to favor. I believe they will choose the father since my name is a married name.
  • 03-15-2015, 11:52 AM
    CourtClerk
    Re: Childrens Name Change in Virginia
    In this case, probably the biological father. There's no guarantee that you'll keep your married last name (especially since you're already divorced once), but those childrens' father will always be their father.
  • 03-15-2015, 12:59 PM
    flyingron
    Re: Childrens Name Change in Virginia
    It will end up in court no matter what. You can't change a name in this manner without it going to court. A court is disinclined to give a surname that is unrelated to the children (sort of an underhanded step parent adoption). The change to the real father's name is straightforward. If you were still using your maiden name, that might be a different story.
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