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  1. #1
    Join Date
    Dec 2010
    Posts
    3

    Default Waiting to Change Name

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

    I have a 3 year old with my ex-boyfriend (we were never married). We seperated last year and went to court in November over custody of my son, I was granted sole custody. He is suppose to pay child support and it was suppose to start in June (when I filed papers), needless to say he hasn't paid anything nor have we heard from him since court. I even had our son call him several times and left messages and he never called him back. My question is how long do I have to wait before I can petition the court for a name change...my son has his last name and yes he is on the birth certificate. Everyone knows my son by my last name. My son will be starting school soon so I would like to know what I need to do to possibly have this done before then. Thanks!

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

    Default Re: Waiting to Change Name

    you don't have to wait at all if you don't want to. Generally though, you will have to give notice of the action to the father regardless of the time passage. You usually don't get to run things like this through court without the other parent at least being notified and given an opportunity to address the action.


    You will likely be more successful if the father has made no contact or made any effort to support the child for a year or more. I haven't checked your states laws but many states see a year without an attempt to contact or support the child as abandonment. After that, it is generally easier to be allowed to legally exclude the father from any decisions in the child's life. You are still generally required to attempt to contact the father to give notification of some action on your part.



    Everyone knows my son by my last name.
    Why the child would be known by some name other than what is on his birth certificate can only be due to your actions. That usually doesn't help your cause when trying to seek changes such as this.

  3. #3
    Join Date
    Dec 2010
    Posts
    3

    Default Re: Waiting to Change Name

    So would it be best if I waited till November to start the process or June (when I filed)? Do I need a lawyer to do everything or is it something I can do on my own?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Waiting to Change Name

    You should probably be able to do it on your own. That all depends on comfortable you are with what is required.

    Personally, I would wait for at least a year before attempting such action. I believe your position would be stronger if the father had made no contact or any effort to support the child if it has been at least a year.

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