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Changing my step son's last name....

My step son has the last name of his moms ex-husband (she lied on the birth certificate and put the ex down as the father) My husband (the biological dad) wants the last name changed to his last name, but the mom wants to change my step sons last name to her maiden name (even though her last name is still her married name not her maiden name) Do you think we will win in court to get it changed to our last name?

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Asked by jgirl7 at 4:00 PM on May. 18, 2010 in Toddlers (1-2)

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Answers (4)
  • It all depends on the judge and how old the child is. A lot of judges will say since the child is already this age and in school & all this other stuff that his last will just stay what it is. Good luck/

    Answer by itsallabtthem84 at 4:17 PM on May. 18, 2010

  • PP is right about it depending on the judge. And they may require a paternity test to determine if your DH really is the father. But I changed my daughters last name about a year ago and they didn't care that she was in school and established under that name. But I will add that I had no one contesting the change. Her BF isn't around so he didn't know anything about it.
    Oh, and if he's your DH only son, that could work in his favor because it could be considered your DH only way to carry on his family name. But again, depends on the judge. Good luck!

    Answer by Megs5384 at 4:53 PM on May. 18, 2010

  • he is almost 3, so not in school that wont be an issue. He is the only child my husband has, so he is the only one that would be able to carry his name on, but that is her position too, she wants him to have her maiden name because he is supposedly the only one that can carry her familys name on.....

    Answer by jgirl7 at 4:56 PM on May. 18, 2010

  • Hmm.. well, maybe hyphenate it. My fiance and I have a son together and since my sister isn't having any kids and he's my last baby, we gave him both our last names. That way, both of them are there, and he can choose later what he wants. If he wants to keep and use both, fine. If not, he'll probably take his dads and turn mine into a second middle name. (it's one of those that work as either. I've even seen it as a first name) Maybe that would keep the BM happy but he'd have your DH's name too. Oh, if you choose to do that, I'd put you DH's first since that's the one most people keep if the choose to drop one. Hope that all made sense!

    Answer by Megs5384 at 5:14 PM on May. 18, 2010

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