Changing A Child's Last Name to a Stepparent's When the Father Objects
I recently got married. My son has my maiden name. His father barely pays child support. He has already been arrested and had his license suspended due to child support payments. I want to have my sons last name changed to my current. Now I know my ex was very controlling and abusive We were never married. I am the custodial parent. Is there any way for me to have my sons last name changed to my husband since we are the primary caregivers for my son?
Re: Changing A Child's Last Name to a Stepparent's When the Father Objects
I live in tennessee, I am trying to change my child's last name to mine, I am her mother and her only provider. I was told by a lawyer I can't change her last name without her father's okay, he abandoned her 2 years ago, they've been trying to track him down for child support but haven't had any luck. He in no way supports her, contacts her, or sees her.
Re: Changing A Child's Last Name to a Stepparent's When the Father Objects
HannahD2017, were you married to the father ? Or is the father on the child's birth certificate ?
Re: Changing A Child's Last Name to a Stepparent's When the Father Objects
HANNAH, you need to run your own thread. Your inappropriate tacking to other people's threads have caused confusion as to just where you and the child reside which is causing potentially incorrect answers.
If he has been determined to be the father by either being married to you at the time or having signed an affidavit of paternity, or otherwise being listed on the birth certificate or subsequently determined to be the fater, he needs to consent (or at least be notified so he can raise objection if he wants) to the change.
You're fortunate that Tennessee is actualy fairly lenient towards mothers in situations like this. However, that won't get you out of following the rules. You must either have the father join in the petition or serve the father notice. While the father's abanonment will enter into the decision on the name change issue, it won't let you just ignore the legal process. You're going to need a bona fide effort to locate the father to notify. If you can't, you can petition the court for an alternative method.
On the otherhand, if there is no father of record (you were single, and the father wasn't subsequently identified), then you don't have to do that. It sounds however that since you're chasing after someone for support, that this isn't the case.
Either way, there will need to be public notice given as well in your state.