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How do I change my son's last name?

I am seprated and have been since Oct. 2008. I'm filing for divorce and want my ex to have nothing to do with my son, he's not a good person AT ALL!! I want to change my son's last name from "his" to my maiden name. Has anyone ever done this? Do you know how I would go about it? What should I do??


Asked by Mom2Dano at 11:38 PM on Sep. 8, 2010 in Parenting Debate

Level 18 (5,299 Credits)
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Answers (5)
  • I did it, but I had to wait until after the divorce. When my ex disappeared, didn't pay child support, and had no contact with our daughter for over 6 months I had his rights terminated. At that time I changed my daughter's and my last name both to my maiden name. I kept his last name until I could legally change hers, because I didn't want her to be the only person she knew with my ex's last name.

    Answer by Anonymous at 11:06 AM on Sep. 9, 2010

  • Depends on the state laws where you live. I believe in NY if the father is on the birth certificate or any claims for social services have been made and the father is listed, he has to waive his rights legally before you can change your son's name. Then you will have to file for a new birth certificate etc.

    Answer by jessa1091 at 12:00 AM on Sep. 9, 2010

  • You would have to check the laws in your state, but here if you were married at the time of conception, whether he is on the birth cert or not, you must seek to terminate parental rights. Which means you either have to prove him an unfit parent (which is very hard), prove abandonment (no contact or support for a year), or have him voluntarily give up rights. Find a good Family Lawyer. Good Luck!

    Answer by StructuredChaos at 7:39 AM on Sep. 9, 2010

  • You need to find an attorney. Depending on your state you may be able to file the paperwork for a minor child's name change...ask for the forms at your local courthouse.

    Answer by kjbennett26 at 8:24 AM on Sep. 9, 2010

  • You need to check laws in your state. Some states you can't even get child support unless he is gets visitation, etc. I know it is very hard process to change names if your ex is on the birth certificate.

    Answer by Mom2Just1 at 11:21 AM on Sep. 10, 2010