Child taking new last name

[singleNEBdad]

Can my ex (legal & primary custodial, me 2ndary w/visitation) give my child the new last name after marrying someone else? We were never married and though we were together when our child was born, she didn't give our child my last name. If she can change the name to his, can I protest this to the Court with success?

thanks guys, SND

[janM]

Check with your local courthouse, but I think as long as you signed the birth certificate, she would need your permission to change it. Unless that only applies if the child had your name...
Child could use any name informally but on any legal documents, has to use the legal name.

I could be wrong so do some research at the courthouse.

[tulip]

If the child doesn't have your last name, why do you care if she changes it? I think you have to give your permission, and if she did it without your consent, it would probably not be legal. But I don't understand why it would important to you that the child keep his/her mother's maiden name. I think it's in the child's best interest to have the same name as parent's, and if he/she doesn't have the same last name as any of the parents now, you ought to give your consent.

[singleNEBdad]

>... but I think..
> Unless...
>..but on any legal documents, has to use the legal name.

>I could be wrong so..

WOW. What a response to an inquiry which was intended to bring at least some educated input. Should I just ask my daughter and see what she thinks??? Thanks for your time, though.

:7 SND

[singleNEBdad]

Q: >why do you care if she changes it?
A: Questioning the concerns of parents on this board indicates your lack of education, as respecting EVERYONE'S posts and search for answers is part of this site's mission.

>I think...
It's nice to know you think, but taking child custody seriously, I search for fact.

> it would probably..
Read: 'fact'.

> I don't understand why it would important to you that the child keep his/her mother's maiden name.
If you were my counselor(after reading your post, I may search for one) you'd probly ask me this question, just like if I were your counselor I'd ask why you fail to stick to subject matter and give aimless comment to simple kwess-chuns :).

> I think it's in the child's best interest to have the same name as
parent's..
Are you saying if my ex's name is Susan, we can name our baby boy Susan?

>and if he/she doesn't have the same last name as any of the parents now, you ought to give your consent.
Please keep in mind you give no disclosure to your advice, disclosure which would release your liability from providing harmful advice which could effectively bring sour consequence to some bafoon (read: BAFOON) that would actually read your responses. Hey, I'm a bafoon.
:D

-SND

"OUR CHILDREN, OUR FUTURE"

[MYSONSDAD]

You did not mention the age of your child.

Did you take a Paternity test to determine you are the biological father?

Was this matter brought up in mediation?

Are you on the birth certificate as the father?

I would contact on attorney. Many give free consultations on the first visit. If I father a child, I would want that child to have my name. I would want that child to know who I am. This could get confusing as the child gets older and starts to ask why she doesn't have your name.

My opinion only, but I would petion the court to have your name as father on the birth certificate and that the child will use your name.

I'll bet child support was granted pretty quick..

[janM]

Well.....excuse me for trying to help!

Look, none of us on this particular board are lawyers. If you want an answer to a legal question, talk to a lawyer and learn some manners.

[Troubledmom]

You Said ** Please keep in mind you give no disclosure to your advice, disclosure which would release your liability from providing harmful advice which could effectively bring sour consequence to some bafoon (read: BAFOON) that would actually read your responses. Hey, I'm a bafoon


Hmmm... maybe you should have read the sites disclaimer:
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[lah101]

"Can my ex (legal & primary custodial, me 2ndary w/visitation) give my child the new last name after marrying someone else?"

ok---and I take it you were not there when she named the baby.  How come you did not want the baby to have your name then?

"We were never married and though we were together when our child was born, she didn't give our child my last name. "


Sounds like you let her name the child in the first place to me--so why not now?  You came on this board asking for advise---Well there are some that have given you advise and all you care about is making a mokery out of it.  You need to ...

(1) Seek the advise of an attorney ..... and listen to him! ( which might be hard for you)

(2) Take the advise you asked for and use what you can and disregard the rest......but leave your stupid comments out of it---no one here needs that.

(3) Give all info if you want us to base  our answers on FACT


So if you do not want the answers you have recieved here--then I suggest you never come back and ask.

[wendl]

basically you are saying your ex has sole custody with you having visitation, you may want to go back to court and get JOINT legal. This means you have a say so in what happens etc.

Now for last names.
My son was given my last name at birth, when I married he wanted to change is last name to my husbands I have him the choice of his dads last name and he wanted my husbands. We have not legally changed it but he now uses my husbands last name, reason for my son wanting my husbands last name is we are a family he wanted me, his stepdad and stepbrothers to all have the same name.

Why didnt you seak to have your childs name changed prior to your ex remarrying why was it no important before. Just wondering.