Name Change for Minor
My husband was awarded custody of his son about 7 yrs ago. At that time they would not change his son's last name because the mother was in prison. She has since been released from prison and my husband would now like to change his son's last name. Where does he start in changing his son's last name?
1 Answer from Attorneys
Re: Name Change for Minor
I can't imagine a court not changing the name of the child in a paternity/child custody action--whether the mother was in prison or not. It appears that your husband obtained custody through juvenile court proceedings, perhaps after the child was removed from the mother's home.I would recommend filing a child custody action in the district court seeking formal custody--one that can only be changed by a district court (and not on a recommendation by the Division of Child and Family Services which has a duty to seek reunification between a parent and a child). Visitation and child support can be adjudicated at the same time. Feel free to call me for further information.
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