Legal Question in Family Law in Mississippi

petition or not

I want to change my sons last name. father is on birth certificate, & will not sign for this. he has not paid court ordered child support in 1 year and he very rarely gets him. my son wants the same last name as his siblings. what are my chances of getting this done if i petition the court?


Asked on 2/01/07, 10:29 pm

2 Answers from Attorneys

Jan Butler Jan R. Butler

Re: petition or not

You really need to talk to a lawyer in person about this.

However, did you know that wilfull failure to support your child under either 17 or 18 years of age is a crime with which you might charge the father. It is a 5 year felony.

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Answered on 2/02/07, 11:47 am
Mary Milek Milek Law Firm

Re: petition or not

What you are calling a name change, sounds like an adoption to me. If this is a name change, you must have his permission. If this is an adoption, then he must give up his parental rights voluntarily or they must be terminated. One would be just about as difficult as the other. After all, why would a judge want to put another man�s name on a child, that he would have no legal obligation to support?

I do hope this is the true wish of your son and not something you desire more than he does. This is your child�s identity and this will not be a matter taken lightly.

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Answered on 2/01/07, 11:37 pm


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