question regarding changing a dependants last name

[wallyworld]

Okay soc this question is from a friend of mine:

facts:

She has a 5 year old son from a previous relationship.  She was 16 when the baby was born.  He signed the birth certificate so the son has his last name.
The father  has had minimal contact the with son.  NEVER seen him in almost two years.

 Also, there has been allegations of sexual misconduct to his now girl friends son that went through our department of child services.  However, I do not believe formal charges were filed.  Although, the mother does NOT have custody of that child anymore.

He does not and never has paid child support.

1.  How can she legally get her son's name changed to her maiden name.
2.  Will the father have to be notified?
3.  Does the father have any say (can he refuse)?

[socrateaser]

>1.  How can she legally get her son's name changed to her
>maiden name.

This is heavily dependent on the law of the State where the child was born and the father signed the birth certificate. If State law makes the father the "legal" father as the result of the acknowledgement on the birth certificate, then the mother would need to file with the court for a name change, and the father would have to be served notice of mother's request so that he could have an opportunity to oppose.

If State law does not make the father the "legal" father, and no judgment of paternity has been entered giving the biological father legal standing as the child's parent, then the mother can file for the name change, and the father would have no standing to oppose the change in court, unless he immediately filed a petition to establish paternity.

>2.  Will the father have to be notified?

See above.

>3.  Does the father have any say (can he refuse)?

See above.

[leftoverinmn]

I had my son's name changed a few years ago, and I discovered on friday that there are loose ends that have to be tied after the order is signed.

After I filed the motion of name change for a minor,  I had the motion served to his father by mail. He appeared at the court date to contest the change. We had established paternity prior, so a trial date was set.

When he showed for the trial, it was the second time I saw him in 3 years. The judge asked him very simple questions about our son. Like who is his daycare provider, the name of his peditrician, his clothing size, was he potty trained, even the color of our son's eyes. He couldn't answer any, so the motion was granted.

I assumed that after the order was filed, everything was taken care of. I even received a new SS card for him. I went to records in the courthouse last week to get a certified BC (for our insurance company), his name hadn't changed.

It was my responsibility to send an application of amendment, the certified court order  (along with a check for $20) to the state health department, requesting the change be put into the state system.

Whoops.