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Changing My Child's Last Name

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  • 11-20-2007, 06:38 PM
    mochagoddess22
    Changing My Child's Last Name
    I live in the state of Alabama and my sons father lives in Illinios. I am wanting to legally add my husbands name to my sons name. His biological father refuses to sign anything waiving his paternal rights, even though he has no legal custody or guardianship and does not pay child support. Is there a way that I can hyphenate my sons name without his father having to sign over his rights? This is the only thing he will agree on.
  • 11-20-2007, 06:40 PM
    panther10758
    Re: changing my childs last name
    You don't get to decide when its ok to take a parents right away from his/her child. I do realize Bio Dad isnt much of a Father (not really one at all) unfortunately for you you do not have the legal right to take this action
  • 11-20-2007, 06:52 PM
    mochagoddess22
    Re: changing my childs last name
    I am not wanting to take away his rights. i just want to add my husbands last name to my sons name...his fathers name will still be there...does that make a difference, even if his father agrees to do so? he says he will as long as he isn't giving up legal rights.
  • 11-20-2007, 07:11 PM
    panther10758
    Re: changing my childs last name
    Long as bio Dad agrees to hypenated name there should be no problem
  • 11-20-2007, 08:52 PM
    aaron
    Re: changing my childs last name
    With the father's consent, it shouldn't be difficult. Without it, you would have to go to court and convince the judge that the name change is in your child's best interest. The father is entitled to notice of any court proceedings and can oppose your petition.
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