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How hard will it be to change my son's last name when I get married?

I don't want to have his father's rights taken away (although I could on grounds of abandonment since he hasn't seen him in so long), but I want him to have the same last name as me. He has my maiden name now, but if I decide to change my name when I get married I would want to change his also. Someone told me that I just have to run an add in a paper where his father lives and if he doesn't respond I can change it.

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Anonymous

Asked by Anonymous at 3:06 PM on Jun. 16, 2009 in General Parenting

Answers (8)
  • I BELIEVE that your new husband has to legally adopt your son, to be able to legally have his last name, and in order to do so, your ex HAS to give up parental rights.

    Laws vary from state to state, so you're better off asking a local Family Law Attorney as to the process.

    I know that when I legally changed my FIRST name I had to file a petition, had to state my reason for the name change before a Judge, and pay $300 which included a notification in a local paper, and I was over age 18 at the time.
    LoriKeet

    Answer by LoriKeet at 3:15 PM on Jun. 16, 2009

  • Well, you can't just arbitrarily change a person's last name. You have to make it official. Probably the easiest way for you to go about it is to have your new husband adopt your son once you have his biological father's parental rights terminated.

    You will probably need a lawyer.
    casperskitty

    Answer by casperskitty at 3:18 PM on Jun. 16, 2009

  • You do not have to have your hubby adopt the child. You have to petition the courts to change his name. In some states you do have to have the father's consent, in other states you just need proof that you notified or attempted to notify the father (the newspaper ad). It's probably best to consult an attorney to get the facts for your individual state.
    toriandgrace

    Answer by toriandgrace at 3:23 PM on Jun. 16, 2009

  • I think you need to speak to a lawyer. You could probably google the topic and see what the legal sites have to say. I thought the only way was to have the father sign away his rights and the new husband has to adopt, but don't act on my advice. I'm too ignorant about this topic to even be considered has no knowing anything.
    jesse123456

    Answer by jesse123456 at 4:08 PM on Jun. 16, 2009

  • The last part is true...my sister had to do that when she changed her daughter's last name from his to her's. But I don't know if you'd have to do that considering he has YOUR last name...best bet is to talk to lawyer.
    grooveybabe004

    Answer by grooveybabe004 at 5:41 PM on Jun. 16, 2009

  • Talk to a lawyer for free at www.avvo.com (that's 2 v's not a w). See what they say. It gets sticky and the bio dad does have rights. I doubt if he'll want the child taking another man's name but you can ask him if it's ok. If you can get him to ok it then the court might be more inclined to accept the petition.
    admckenzie

    Answer by admckenzie at 5:55 PM on Jun. 16, 2009

  • Your husband does NOT have to adopt your child to change his last name so it is the same. You have to petition the courts and pay a fee to change the name (around $500). I know someone who changed her daughters last name to the stepfather's last name and he did NOT adopt the daughter. I would talk to an attorney to be sure what the process in your state is.
    tyfry7496

    Answer by tyfry7496 at 8:43 PM on Jun. 16, 2009

  • your friend was right.thats all you have to do.
    GabesMommy08

    Answer by GabesMommy08 at 8:49 PM on Jun. 16, 2009

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