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Any Advice? Whats the easiest way.....

Ok.... My ex and I got divorced we have a child together. I got full custody in the divorce. He has to pay child support. He's never been there at all. I am re married and my husband now has been there since day one. My ex is paying child support and there was a dna done in the divorce. What I am wanting to know is how I can change my sons last name to my new married name .My husband now is daddy and my son calls him daddy. We are wanting to change his last name. We just dunno how to do it.

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DavinsMommy922

Asked by DavinsMommy922 at 12:54 PM on Sep. 28, 2010 in General Parenting

Level 2 (4 Credits)
Answers (9)
  • The only way to be able to do so is to have the biological father....or at least the man paying child support....to give up his parental rights, that includes no longer having to pay childs support as well.

    I'm in the same boat as you, I have sole custody of my son, I'm remarried and my husband is Dad....my ex sees our son maybe 5 times a year, pays $25 a month in child support (thats no typo either) and won't give up his prental rights so my husband can adopt him or at least have my son change his name to my maiden name.
    Mom2Jack04

    Answer by Mom2Jack04 at 12:57 PM on Sep. 28, 2010

  • Go to a lwayer first, but I would think in order to change his last name to your new hubby, the birth father has to give up his rights so your new husband can adopt him. That would mean no more child support, but also that the dad gives up "having" to see him, have visitation, etc. Unless you 2 can be civil and he sitll know who his real dad is, if that is in the kids best interest.
    2BlondeBabies

    Answer by 2BlondeBabies at 12:58 PM on Sep. 28, 2010

  • You have to do a Petition for name change and file it with the court, in our state you have to do a legal advertisement for 2 weeks regarding the petition. If no one answers the legal add adversely, you change the name.

    bjojola

    Answer by bjojola at 12:59 PM on Sep. 28, 2010

  • i do NOT know
    but changing a name does not mean giving up rights
    call a lawyer, but imo, bio dad may have to sign off on a name change but i do not think he has to give up his rights for a name change to be done
    fiatpax

    Answer by fiatpax at 1:00 PM on Sep. 28, 2010

  • Yep. Biological dad has to give up rights, and you won't get the child support. If he isn't part of your child's life now, he may be more than willing to sign over custody in order to keep that money (sad but true), and your son can share the name of the man who plans to help raise him.
    mommytoike

    Answer by mommytoike at 1:00 PM on Sep. 28, 2010

  • Both of the above answers are correct. Your husband would have to adopt your son but that can only happend if the Bio father waives his parental rights which equals no child support.
    chefronswife

    Answer by chefronswife at 1:04 PM on Sep. 28, 2010

  • The bio father does NOT have to give up rights. Seriously call the courts, people can change their name for any reason. The bio father just cant contest it. If he does contest it you just bring your case up to the judge and he makes the final decision. But if he has nothing to do with the child he probably will not respond. His name does NOT effect child support, if he does give up his rights it does, but not just for a name change.

    bjojola

    Answer by bjojola at 1:09 PM on Sep. 28, 2010

  • why dont you just let the child have two last names.. that is how my hephew does it .. intillhe is oldest enough to figure out if he wants to carry his real fathers name or his step fathers name...
    Karen_1267

    Answer by Karen_1267 at 1:18 PM on Sep. 28, 2010

  • I believe the "sperm doner" has to give up all his parental rights.

    mcme

    Answer by mcme at 1:39 PM on Sep. 28, 2010

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