Name Change

[chipmunk226]

I have a 5 year old son that I had out of wedlock.  He was born in Montgomery County, PA.  We now live in Washington County, MD. When I was to fill out the birth certificate, they said by law, they would not add the "alleged" father's name because we were unmarried.  They said that we had to get a statement of paternity, or something. I did, however, give my son his father's last name.  

Paternity had already been established before my son was born.  But they said he still had to sign something and have it notarized to be added to the BC.  Well, his dad never did.  We have since split and I have married.  How hard would it be for me to add my husband's name to the end of my son's name?  I will mention to you that his father would NOT agree to this.  I don't want to remove his last name, but he doesn't want to hear it.  Since we were never married am I obligated to keep his last name as my son's last name?  What would I have to do to add it?

Thanks for you help!

~EvaCollette

[lovehiskids]

Do you have a CS/Visitation order or any court order making him the dad?

If so, you can not change the child's name without his permission or taking it to court.

[wendl]

well may here won't like my response.

My sons dad and I were never married, he was listed as the father on my sons b/c when he was 5 months old, hoever son continued to carry my last name.. His dad has never been really involved in our sons life (his choice) I married 2yrs ago to a wonderfull man. When I told my son I was marrying dh he asked what his last name would be (he was 10 at this time) I informed him he would have the same name as he always had. He asked if he could change his name, I asked if he wanted to change it to his dads last name and he said no he wanted to use stepdads name (stepdad has been there prior to this for 2yrs) so in school sons school records have both my maiden name (for legal purposes) and they hyphen it with my dh's last name. I told my son that when he was older if he still wanted to change his name legally we would dicuss it as I don't think a 10yrs should be making this decision so young.

SO for 2yrs we are going by both names, but all legal info has his legal name on it.

:)
**These are my opinions, they are not legal advice**

[stepmom74]

My husband was at the birth of his first daughter but the BM would not put him on the BC as the father of the child out of spite.  They were never married and she has full custody (as of right now--we are working on changing that soon!)  

We had to go to court to get his name on the birth certificate.  We have seen his daughter since she was about 4 months old.  She is now 10.  Her mother married and now she has neither her mother's nor her father's last name.  Can you legally get her name changed to her father's last name if he sees her regularly and has been a part of her life since birth?  There is no reason why she didn't get his name to begin with except that the BM knew that she would hurt my husband.  He's a very loyal father and I think it is hard for his daughter to understand why she doesn't have either one of their names.  It makes no sense to me why her mother did that to her.  

Is it a possibility to ask that in court or is that out of the question?

Stepmom74

[wendl]

you can ask the court, you can let the courts know that this is confusing your daughter by not having any of her parents last name.


**These are my opinions, they are not legal advice**

[Kitty C.]

About ten years ago, I did birth certificates at a major CA hospital.  I have yet to hear that the laws have changed, but I do know that this was FEDERAL, meaning it applies to everyone.  The law states that NO child's name can be changed without specific consent of BOTH parents.  Once the child turns age of majority, they can petition the court for a legal name change, if they so choose to do that.

So if one parent says no, then it cannot be changed.  And your son's father being named or not on the BC as the father has NOTHING to do with it.  You have paternity established legally, so you BOTH must agree to any name change.

If anyone knows anything different, let me know........

[MyAngels4]

Kitty,
as you know my youngest would love to change his last name, but I keep telling him, no it is ----- --------, but he tells me when he is an adult he will change it to my and DH's last name instead of his Dad's.
So I checked the Iowa laws and it states this:

674.6  Notice -- consent
If the petitioner is married, the petitioner must give legal notice to the spouse, in the manner of an original notice, of the filing of the petition.

If the petition includes or is filed on behalf of a minor child fourteen years of age or older, the child's written consent to the change of name of that child is required.

If the petition includes or is filed on behalf of a minor child under fourteen, both parents as stated on the birth certificate of the minor child shall file their written consent to the name change. If one of the parents does not consent to the name change, a hearing shall be set on the petition on twenty days' notice to the nonconsenting parent pursuant to the rules of civil procedure. At the hearing the court may waive the requirement of consent as to one of the parents if it finds:

1.  That the parent has abandoned the child;

2.  That the parent has been ordered to contribute to the support of the child or to financially aid in the child's birth and has failed to do so without good cause; or

3.  That the parent does not object to the name change after having been given due and proper notice.
------------------------------------------------------------------------------------
So I am taking it that when he is 14, if he wants to file to change it,
 he can do it without his dad's permission. I am really going to urge him to wait till he is 18 tho, so that he is sure that is what he really wants to do.

MyAngels4

[Stepmom0418]

Hey Kitty, Since you did birth certificates I thought I would direct this one to you but of course any others are welcome to reply. As you already know we are going through alot with SS. My DH has a question. SS has his BM's maiden name at this point. Well we are getting alot of questions from SS and our other children about the diffrence in name and ect. Ok DH wants to know how hard would it be to get SS last name changed? SS has requested that he wants his dads name so he can have the same name as his brother and sister. Ok you let me know what you think of this.

[mango]

My SD had her fatehrs name. The parents were never married but chose to have her carry fathers last name. She is 10 now.

This past year the BM took father to court to have the name hyphenated with both names. He objected because he felt the hyphenated name would cause her problems, and she was too young to be dealing in such matters.

However he lost, and teh judge granted the BM teh name change. So now the child has a hypenated name. Which we know will lead to eventually dropping off fathers name.

Sad part is the BM is not married, and if she were to marry child will have a silly hyphenated name that matches no one.

My opinion, leave it alone. Let them choose when they are older.

[mango]

Also, the courts stated (past case precedent) that if both parents are providing for the child financially then both parents have the right to have their child carry their name.

They will rule this way in Franklin county Ohio courts due to this past case.