Legal Question in Family Law in Australia
Hi my name is Alyssa. I have a 3 year old son from a defacto relationship. Our son has his father�s last name. I am trying to get information on how to change it and if I would be eligible to change it. The main reason of my decision on changing it is my father is a Vietnam War hero with honour and bravery medals. In the last year he has had bad health. My father has 3 other children 2 males and one female. The female has two children her self but has not carried on the family name. The eldest son is a 42 year old homosexual and the youngest male has a 50 % chance of being infertile. My father has worries that his family name will not live on. I do not think that my son�s father will willing let me change his last name. His father has just recently has another child and that child has taken on the mothers last name. With these factors is it possible a judge would award me to change my son�s last name.
1 Answer from Attorneys
The decision as to your son's surname should be made jointly by you and his father. But if there is no agreement you can make an application to court. The court must make a decision based upon what is in your son's best interests. If he has had his father's name since birth you could have a hard time persuading a judge it should now be changed but the judge will weigh up all the circumstances.
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