my husband's rights

[StClaire]

HI,
My husband's ex was recently married, and she is telling my stepson that her new husband is his new dad. She also said that she wants to change his last name to be hyphenated with my husband's last name and her new last name. She has sole custody, my husband only has visistation (every other weekend). Can she legally change his name without my husband's permission? My husband and my stepson have a relationship, and always have... it just doesn't seem fair for her to make this decision when the child is only 3 years old!

[socrateaser]

You may ask the court to prevent the name change, but since you were never married to the mother, and you were not granted "legal custody" of the child, the child's mother is generally free to change the child's last name.

As for it being "fair," well, as I frequently tell my kids, "Life ain't fair -- so get over it."