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  1. #1
    Join Date
    Jan 2014
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    Kihei, Hi
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    Post Can You Change Your Child's Last Name if You Have Sole Custody

    My question involves name change laws in the State of: Hawaii
    I am divorced and have sole legal and physical custody of my child, who is a minor.
    My ex-husband does has not paid child support since September of 2011. There has been
    no attempt to see my child. I want to change my child's name to my maiden name.
    Can I do this without his consent?

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Change My Child's Name to Mine when I Have Sole Legal and Physical Custody

    Yes but you will have to go through family court. Is is that he does not consent or you cannot locate him to ask for consent?

    http://ltgov.hawaii.gov/the-office/name-changes/

  3. #3
    Join Date
    Jan 2014
    Location
    Kihei, Hi
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    Default Re: Change My Child's Name to Mine when I Have Sole Legal and Physical Custody

    I know the state he resides in, but I don't know where he lives.

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

    Default Re: Change My Child's Name to Mine when I Have Sole Legal and Physical Custody

    Quote Quoting MommyRights
    View Post
    I know the state he resides in, but I don't know where he lives.
    makes it tougher but it does not mean you don't have to serve him with notice of your intentions. Best start trying to locate him.

  5. #5
    Join Date
    Jan 2014
    Location
    Kihei, Hi
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    Default Re: Change My Child's Name to Mine when I Have Sole Legal and Physical Custody

    So, if I don't know where he lives, how can I serve him?

  6. #6
    Join Date
    Jan 2006
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    38,867

    Default Re: Change My Child's Name to Mine when I Have Sole Legal and Physical Custody

    Quote Quoting MommyRights
    View Post
    So, if I don't know where he lives, how can I serve him?
    you find him. then you serve him.

  7. #7
    Join Date
    Sep 2011
    Location
    OH10
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    17,019

    Default Re: Change My Child's Name to Mine when I Have Sole Legal and Physical Custody

    Where is the child's state of residence? Texas law might be different.

  8. #8
    Join Date
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    Default Re: Change My Child's Name to Mine when I Have Sole Legal and Physical Custody

    It seems your reason is punitive in nature and does not consider the childs interest over your own. The court will base their decision on the childs best interests.

  9. #9
    Join Date
    Sep 2011
    Location
    OH10
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    Default Re: Can You Change Your Child's Last Name if You Have Sole Custody

    You do not need to notify by publication. Download this form into a PDF Editor and amend your motion as needed.

    http://www.courts.state.hi.us/docs/f...uai/5FP163.pdf

  10. #10
    Join Date
    Jan 2014
    Location
    Kihei, Hi
    Posts
    5

    Default Re: Change My Child's Name to Mine when I Have Sole Legal and Physical Custody

    My attorney never suggested that I do that. I didn't know that I could have and should have done that.

    - - - Updated - - -

    I'm in Maui at the moment, but live in Houston, Texas. Do I still file the petition in Hawaii or Texas to do it?

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