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  1. #1
    Join Date
    Aug 2011
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    2

    Default Minor Stepchild Would Like to Change Name to Mothers Maiden Name, North Carolina

    My question involves name change laws in the State of North Carolina for minors:

    My 14 yr old stepson holds the surname of my wifes X. As it turns out, the X was not the father but was listed as the father on the birth certificate. This person has never had a significant role in my stepsons life, even when it was beleived that he was the biological father.
    My stepson wants to change his surname to his mothers maiden name which I wholeheartedly and lovingly support. This has been an ongoing discussion between him and his mother and I for several years. He holds a bit of disdain for the surname he holds now and we would love to help him to accomplish his goal.

    Any help would be greatly appreciated...
    ~C

  2. #2

    Default Re: Minor Stepchild Would Like to Change Name to Mothers Maiden Name, North Carolina

    While it is unfortunate that the mother failed to list the correct father on the birth certificate, the fact that there IS someone listed on the birth certificate means that the listed father has rights - including the right to challenge a name change. Before a court will make a name change, mom will have to convince a court that the benefit to the child in making such a change outweighs the father's interest in his legal child bearing his last name (generally that means something MORE significant than simple disdain). Dad's role doesn't have to be significant to oppose the change.

    The alternative is for the ACTUAL father to come forward and challenge paternity and pursue the issue by requesting a change to HIS name, although after 14 years, the reality is that the court is generally loathe to upset the apple cart to that degree.

  3. #3
    Join Date
    Aug 2011
    Posts
    2

    Default Re: Minor Stepchild Would Like to Change Name to Mothers Maiden Name, North Carolina

    The child support ruling in the case, is paid by the biological father. I can only assume that the legality of it then dictates that the previously mentioned X is no longer consider to be legally bound. That said would that not also work in the opposite direction?

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