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  1. #11
    Join Date
    Apr 2017
    Posts
    4

    Default Re: Last Name

    No I've know them for three years prior to us getting together

  2. #12

    Default Re: Last Name

    Quote Quoting Frisbee
    View Post
    No I've know them for three years prior to us getting together
    It doesn't actually matter how long you've known them for. It doesn't matter if you are the greatest stepfather in the world. It doesn't matter if you poured your heart and soul and raise them up as your own. It doesn't matter if you support them financially 100% because the dad is a deadbeat as you claim. Your two options are you have the mom try to get a court order to change the names and watch it get dismissed in court if the father objects or wait until the children are old enough (I believe 18) and they can as adults change their last name should they wish, if you are still around in their lives by then, and if they actually feel like they want to by that point.

  3. #13
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Last Name

    Quote Quoting adjusterjack
    View Post
    No, it won't.
    Actually some courts do have a big problem with the children calling a stepparent mom or dad, especially if it appears the intent of the parent is to usurp the role of the legal parent.

  4. #14
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Last Name

    Quote Quoting jk
    View Post
    Actually some courts do have a big problem with the children calling a stepparent mom or dad, especially if it appears the intent of the parent is to usurp the role of the legal parent.
    I've never seen it being a problem unless the actual "dad" complains.

  5. #15
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can a Mother Use Her Married Name for Children From a Prior Marriage

    Quote Quoting Frisbee
    View Post
    Can my wife's two daughter legally go by my last name? As they wish to have the same last name as us and not their fathers. Without going to court until they are actually of age to change it themselves
    If your spouse uses a name for the kids other than their legal name, she will encounter limits -- it is unlikely that the school will allow enrollment except under the children's legal name, or that they would be able to get ID under anything but their legal name.

    Any legal name change must be made by a court, and the father is entitled to notice of any name change petition. If the father objects to a name change, the court will require proof that the name change is in the best interest of the children. Contrary to what is suggested above, the mother will not automatically lose if the father objects.

  6. #16
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Last Name

    Quote Quoting flyingron
    View Post
    I've never seen it being a problem unless the actual "dad" complains.
    I know of a current situation where the gal who is involved has made note of the practice and commented that it should not be practiced. The judge is free to use the recommendation or not obviously . While it was not the biggest problem in the overall situation, it was mentioned by the judge that the children should not be calling a stepparent mom or dad.

    I suspect the mom or dad did express their dislike for the practice but can't say with any certainty.

  7. #17
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Last Name

    Quote Quoting flyingron
    View Post
    I've never seen it being a problem unless the actual "dad" complains.
    Well of course its not a problem unless the actual dad complains. The court would have no reason to even know that a child calls a non-parent mom or dad unless the parent actually complains/objects.

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