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My Son Wants My New Last Name

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  • 06-09-2006, 07:55 AM
    sharontotherow
    My Son Wants My New Last Name
    My question is sort of the same. My son will be 9 years old soon and he wants to have my last name. I remarried 2 years ago and have a small son. My husband has been my son's father for 4 years now. I never relied on the child support even when it was just me and my son. If it came, I'd take my son out to buy whatever he wanted. I read in some South Carolina laws that I could petition the courts for a name change and if I can prove it's beneficial they'll change it. My ex-husband will never sign off even though he doesn't want our son in his life. He'll stay in it just enough and pay the little bit just in time to avoid having his parental rights terminated. As you'll see from my other posts, my ex had been driving drunk with our son on visits and just recently was involved in a DUI accident with him. He doesn't care about our child. My husband now loves him to death and he's who my son calls 'dad'.

    Sorry to go on and on. Anyways, can I petition the courts to just have his name changed and let my son speak? I know in SC the courts will appoint a Guardian Ad Litem for him for this. Or, like 'expertlaw" said, can I just start using my last name as my sons for things or do I have to hypenate it? I know I have to use his legal name for obvious legal papers. I do surf the SC laws but a lot is confusing to me.
  • 06-09-2006, 08:40 AM
    Mr. Knowitall
    Re: Changing my sons last name
    If you want to legally change your son's name you have to go through the courts.

    As long as your purpose isn't fraudulent (and there's no suggestion that it is) you can start using a different surname for your son, but it could get confusing with school records and other official documents using his "legal" name as opposed to the name he goes by.
  • 06-09-2006, 09:00 AM
    sharontotherow
    Re: Changing my sons last name
    Thanks for the information. And, no, I'm not trying to be fraudulent. My son voiced his opinion many times. For the past year, he's told everyone his "new" last name. He just wants him name the same as mine and his little brother's. I've sat down with him and discussed it with him asking if he's sure he wants the new name. He keeps saying that my husband is a better daddy than his real one. I've never said that to him, he's seen it all for himself. Again, thanks for the information. I did realize to legally change it I had to involve the courts. I wasn't sure if I had to get his father's permission to legally change it. I would think the Guardian would be the one to really investigate to see if it's in the best interest. I would hope that his father wouldn't have to agree. I'm not having him adopted by my husband....at least, not yet.
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