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  1. #1
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    Mar 2010
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    Default Can the Father Change Our Child's Last Name Without My Consent

    My question involves name change laws in the State of: Ohio/Tennessee

    My son is 2 1/2 and was born in Ohio. His father and I were never married and he was not placed on the BC when he was born since he disappeared when I was six months pregnant until my son was almost 1. I had paternity established and I put his father on his BC in Ohio. I then relocated to Tennessee two years ago. His father has married and moved to Tennessee and we are currently fighting for custody. He has visitation and pays support. My son has my last name. Can he change my son's name to his without my consent? Can I prevent him from changing my son's name?

  2. #2
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    Apr 2009
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    Default Re: Help

    If Dad petitions the court, the court will likely order your son's name at the very least hyphenated to include Dad's name.

    It's highly unlikely you will be able to prevent this.

  3. #3
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    Mar 2010
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    Default Re: Help

    I've been reading up on this and most sources tell me if he petitions the courts he has to prove it is in my sons best interest. How does the court determine that? Does Tennessee have Jurisdiction over my sons name since he was born in Ohio and his BC is through Ohio?

  4. #4
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    Apr 2009
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    Default Re: Help

    And why wouldn't this be in your son's best interests?

    (In this situation Julie, Dad really doesn't have to do a great deal - the burden of proof needed to show "best interest" for the name change of a toddler is very, very low..)

    Tennessee would have jurisdiction since that's where you're now living.

  5. #5
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    Mar 2010
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    Default Re: Can the Father Change Our Child's Last Name Without My Consent

    His father wishes to change my sons middle name to his new wifes middle name and his last name I don't believe his wife has any business changing my sons name to hers

  6. #6
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    Default Re: Can the Father Change Our Child's Last Name Without My Consent

    Quote Quoting JulieN
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    His father wishes to change my sons middle name to his new wifes middle name and his last name I don't believe his wife has any business changing my sons name to hers

    Ah - a vital point was missing from the original information.

    In THIS case...I cannot see him being able to change your son's middle name.

    But he generally will, in all likelihood, be able to have your son's last name changed (or at the very least, hyphenated to include his last name).

    (Please bear in mind that this isn't about his wife - it's Dad who wants to change it, and the matter is between the two of you, not his wife)

  7. #7
    Join Date
    Mar 2010
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    4

    Default Re: Can the Father Change Our Child's Last Name Without My Consent

    therein lies the problem, she controls everything he does. He told me to my face he does not want anything to do with our son that he was only pursuing this because of her...unfortunately it is about her.

  8. #8
    Join Date
    Mar 2009
    Location
    Key West, FL
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    2,350

    Default Re: Can the Father Change Our Child's Last Name Without My Consent

    Wait a minute. He does not have custody. He abandoned the child originally. The child was born out of wedlock, which doesn't help him either.

    I don't see how he could win custody unless you have a really bad record of child abuse or stripping for cocaine or something. He can't have the name changed unless he won full custody.

    A judge does not take a child away from a female parent unless there is something really wrong. After 2.5 years is even less likely then a newborn, which is not at all likely.

    I have never heard of a judge ordering a hypenated name. PLEASE give me one case citation. Besides, what is the point if he doesn't have custody. Nor have I ever heard of a judge giving a child a middle name or changing a middlename for a non-custodial parent.

    Paying child support does not give him any additional rights, it is mandatory, not a nice thing he should get credit for.

    But you should have an attorney to tell you all of this. If you can't afford an attorney, contact your local legal groups. There is free legal help for mothers in family court in most areas.

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