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How can i change my childs last name?

My childs father has been in jail since he was two. Even before he went to jail he never paid child support, missed more visitations than he made, and never did anything for him. His name is on the birth certificate and he will not give me his permission to change his last name. I've talked to two lawyers and they told me that i can't do anything without his permission since he's on the birth certificate but i hear stories of other people doing it. Please help. He starts school next year and i'd love to have it changed by then.

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Asked by Anonymous at 11:44 PM on Nov. 5, 2010 in General Parenting

Answers (6)
  • Yes, you can petition the court to change the child's last name. I think you have to claim parental abandonment. I have no idea what paperwork you would need, though -- GL!

    Answer by MommaofH2 at 11:50 PM on Nov. 5, 2010

  • Have you tried contacting legal aid? They might be able to answer some questions you have about it.

    Answer by amessageofhope at 11:52 PM on Nov. 5, 2010

  • Read the similar example.


    Answer by musicmom08 at 11:54 PM on Nov. 5, 2010

  • in many states you can petition the court. there is a chance the judge will rule in your favor especially since he is in jail. You have a very strong case of getting his parental rights revoked at which point you could change it on your own. I hope this helps

    Answer by JLS2388 at 12:01 AM on Nov. 6, 2010

  • Petition the court.... there are 3 ways to get a name change. 1. w his signature 2. If he is dead 3. Child abandonment. I dont exactly know how to file the child abandonment. Or if you were not married when the child was born in most states a signed birth certificate means nothing. The father would have to be legitimized. If hes not than that may be the loop hole to not needing his signature or filing child abandonment. If you live in Georgia I have many websites for info and court papers w instructions. email me if you do.

    Answer by mymestey at 12:08 AM on Nov. 6, 2010

  • worse case scenario, if you're unable to legally change your little ones last name, you can always just start using the new name you'd like him to have ( your name i'm guessing?)... both my cousins were born with one last name and use another, its only been an issue for getting a drivers license or filing taxes, but thats a long ways away... i've been using a hyphenated name since i got married 6 years ago, but didn't actually add my husbands name to mine until this year... has never been an issue.

    Answer by babymar at 12:45 AM on Nov. 6, 2010

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