Can I legally change my child's last name without the father's consent?
My ex and I were married at the time of the birth but divorced shortly thereafter. He was incarcerated at the time of the divorce. I chose to give our son the father's last name. He has never been a constant in his life w/ the exception of the occasional child support check that is not a constant either. I have been re-married (almost 14 years) to a wonderful man that my son considers ''dad''. He understands that he has a biological father but obviously feels more connected to my husband since he's been his father figure for the last 14 years. My son is 16 and has recently requested that we try to get his last name changed to the last name of my husband and I. Can I legally change his last name to my husband's last name without my ex's consent? If so, how do I go about this?
1 Answer from Attorneys
Re: Can I legally change my child's last name without the father's consent?
If you file a Petition for a Name Change on your son, you will need to serve the biological father and he can file his objection and testify in Court against it. It will be up to the Judge to grant he Name Change or not.