Can the biological father of my son change my son's last name without my consent? 7 Answers as of April 29, 2014

My son is 16 and has always carried my last name. Recently his father added his name to the birth certificate without telling me. He is proven to be the father. Can he now legally change my son's last name to his without my consent?

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Borzilleri Law Office | Christine Borzilleri
The child's name cannot be changed without consent of both if the parents (if there is joint custody) or a Court order.
Answer Applies to: Rhode Island
Replied: 4/29/2014
Home Town Law, P.A.
Home Town Law, P.A. | Sabina Tomshinsky
A name change is a legal proceeding that must be commenced by filing a petition for a name change. Generally, per the Florida Statutes, "[w]hen only one parent petitions for a change of name of a minor child, process shall be served on the other parent and proof of such service shall be filed in the cause." So if the father files this petition on his own, he must still notify you of this petition and you may then present your objections. The Court will then hold a hearing and make an appropriate determination.
Answer Applies to: Florida
Replied: 4/29/2014
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
They would not change it without your consent.
Answer Applies to: Georgia
Replied: 4/28/2014
Law Office of Linda K. Frieder
Law Office of Linda K. Frieder | Linda K. Frieder, Esq.
Not without a court order.
Answer Applies to: California
Replied: 4/28/2014
David A. Browde, P.C.
David A. Browde, P.C. | David Browde
Not in New York.
Answer Applies to: New York
Replied: 4/28/2014
    Law Office of Brent R. Chipman
    Law Office of Brent R. Chipman | Brent R. Chipman
    It is difficult to add a name to a birth certificate unless there is an order that states the man is the father and that the birth record should be amended. Otherwise, the department of vital statistics in Utah usually requires both parents to agree to the modification of the record. One parent cannot legally change the last name for a child without an order of the court entered in a parentage action, or without filing a petition to change name and giving notice to the other parent if the child is under 18 years of age. Once a child is emancipated (18 years of age) notice to parents is not required by the court.
    Answer Applies to: Utah
    Replied: 4/28/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    He can't but a court can. Was there a determination of paternity in court? If so, in Idaho a statute requires that the father's last name be put on the birth certificate.
    Answer Applies to: Idaho
    Replied: 4/28/2014
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