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If the father has physical custody how can he change his sons last name to his?

Hubby found out about ss 1 1/2 yrs after he was born my ss lives with us and my husband has custody. The bio mother will not change the last name so is there a way my husband can seens how he is the custodial parent? Yes he is listed as the father on the birth certificate


Asked by rinamomof2 at 8:52 PM on Jun. 29, 2011 in General Parenting

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Answers (10)
  • I proceed with wanting everyone in your household to have the same last name. All you can do is ask a judge to rule on it. What are her reasons for not letting him take his father's name? Probably just because she just wants to be in control of something, I;m thinking...

    Answer by SassySue123 at 9:25 PM on Jun. 29, 2011

  • Regardless that he has physical custody, she would have to sign and approval to allow the change.

    Answer by Jademom07 at 9:26 PM on Jun. 29, 2011

  • Talk to an attorney or the court clerks office. Some states if the father is on the BC then the child automatically gets Dad's last name. If you can get a judge to agree to sign the paperwork then mom has no option on the matter.

    Answer by matthewscandi at 11:10 PM on Jun. 29, 2011

  • Does he have custody through courts? Because a name change would be done in that process (Family Courts)

    Answer by MommaClark3 at 8:57 PM on Jun. 29, 2011

  • Who has legal custody? what state are you in? Texas has a managing conservitor, meanig My being the manager of the kid, I have to consult my ex about decisions but I have the final say. My attorny put it to me as "if one of the kids was on life support and I decision had to be made - I'd have to talk about with my ex but I would make the decions"
    How old is his son? Is he old enough to have a say? I would ask it to be done to complet your family. Make it easier on the child, if his family all shared the same last name. Make it the best interest of the child, but wording it like this. For the child to feel as if he is apart of our family, the familiy he lives with.

    Answer by SassySue123 at 9:04 PM on Jun. 29, 2011

  • Joint legal custody in Michigan means that the bio mother would have to give consent to change the child's name.

    Answer by bcauseimthemom at 9:47 PM on Jun. 29, 2011

  • Go down to your local courthouse and ask the family court secretary what your options are. Most likely it needs to be brought before a judge because she refuses to do it.

    Answer by Irishmommy860 at 12:43 AM on Jun. 30, 2011

  • A name is just a name....what's the big deal? It's still his son.

    Answer by MamaMia9999 at 10:44 PM on Jul. 1, 2011

  • This is his 1st born son and would like him to carry the last name....this is the reason for the name change.

    Comment by rinamomof2 (original poster) at 8:54 PM on Jun. 29, 2011

  • we are in michigan yes there is a court order husband has sole physical and they have joint legal but she gave him her last name at birth she did not know who the father was as i said husband found out at 1 1/2 years old 7th to be tested for paternity and he has had custody for a year now ss is turning 7


    Comment by rinamomof2 (original poster) at 9:12 PM on Jun. 29, 2011