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Does a Father Have the Right to Change a Child's Last Name

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  • 01-08-2016, 08:44 PM
    MMommy
    Does a Father Have the Right to Change a Child's Last Name
    My question involves name change laws in the State of: My son is almost 2 and his father was just released from prison. He was there due to his violent behavior toward me while I was pregnant. We were never married and I did not list him on the birth certificate. However, as a single mother with a low income, assistance via the state was needed for child care. As such I was ordered to file for child support in order to receive any assistance and a paternity test has proven that he is the father. I am the custodial parent of my son and he has my last name. His father has not paid any child support and has insisted that as the father he has the right to have my son's last name changed whether I like it or not. Despite the fact that I had him arrested and was very nervous about his release, he requested to handle this outside of court and stated that he has started a job and will have child support automatically taken from his check as well as would like to see my sn and be a part of his life. I have been completely compliant and when he requested to see my son I met him in a public place due to the violent history. I also arranged another meeting, again, keeping it in a public place. The very next day he told me that child support had not been taken from his first check and that we would discuss that later as well as I shouldn't be surprised when I receive papers in the mail informing me of my sons name change. Does he really have that power? Can he change my sons last name without my consent? If the father has a violent criminal history, can this void his parental rights if guidelines are not met? Lastly, As the child's mother and sole provider for two years, does this give me the right to deny visitation and custody if I fear for my son's and my own safety due to past and present drug use by the father?
  • 01-08-2016, 08:50 PM
    Dogmatique
    Re: 3 Time Ex-Convict Father Wants Last Name Changed
    Nope.

    He must go to court to ask that your son's name be changed to his.

    Now, if you tell us where you're located we can perhaps talk about his visitation/custody/court orders.
  • 01-09-2016, 02:55 AM
    Taxing Matters
    Re: Does a Father Have the Right to Change a Child's Last Name
    In order to get a name change for the child he must petition the family court in your state and have you served with a copy of the petition. He cannot just get the name changed by himself. And even if he petitions the court for the name change there is no guarantee the court would grant the petition over your objection. Indeed, it’s more likely that the court would reject his request.

    Until he gets a court order of custody or visitation you don’t have to let him see the kid at all. If he goes to court seeking visitation you may contest the request and try to get it denied or at least get court ordered supervised visitation.
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