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  1. #1
    Join Date
    Feb 2011
    Posts
    2

    Default Does an 18-Year-Old Have to Change His Name Through the Child Support Court

    My question involves name change laws in the State of: CO

    Live in Colorado with 18 year old high school senior son (who will be 19 end of April). He was born in Washington, has my maiden name as last name (was never married to biological father), and there is a child support agreement filed in Snohomish County, Washington. Bio dad has never paid child support, is non-locatable, and hasn't seen son since he was a year old. I am married now, and son uses my husband's (and really my son's only father) last name. Legally my son's last name is my maiden name.

    Son is graduating high school in May and heading off to college. Running into issues where he's known as husband's last name but legally is mom's maiden name. He wants to change his last name legally.

    Here's the question: Since he is currently under 19 and still a full time student, I believe the child support agreement is still in effect and therefore we woud be required to file the name change petition in Snohomish County Washington.

    However, he has to submit fingerprints to the FBI (and do a colorado background check), and the FBI fingerprinting can take 8-12 weeks. In 8-12 weeks, he'll be close to or already 19, and if I am reading the laws correctly, he'd no longer be subject to the child support agreement and could just file for name change in Colorado.

    Does my question make sense? I'm thinking we wait until he's 19.....does that seem like the easier option? I really don't want to file in Washington, his bio dad has had no contact for nearly 18 years......any advice?

    And for what it's worth, my husband never pursued adoption because it just didn't seem necessary (only real dad my son knows, and bio dad has been completely absent).

    Thanks!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: 18, Soon to Be 19.wait to Change Last Name

    he's an adult. He can go and change his name anytime he wants to. The child support agreement doesn't bind him. He can change his name in whatever state he is a resident of.

  3. #3
    Join Date
    Feb 2011
    Posts
    2

    Default Re: 18, Soon to Be 19.wait to Change Last Name

    jk - thank you for taking time to respond. The part that confuses me is the following paragraph I've read on several different websites related to name changes in Colorado:

    If the petitioner is under nineteen years of age and is the subject of an action concerning child support, allocation of parental responsibilities, or parenting time, then the petition for name change shall be filed in the court having jurisdiction over the action concerning child support, allocation of parental responsibilities, or parenting time.

    I'm thinking it's a moot point since by the time fingerprinting is completed, he'll probably be 19. I agree that being 18 makes him an adult, but seems like courts are making stipulations if there is a support order if under 19.

    Thanks again for your response!

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