Can I legally change my son's last name while his father is paying child support? 40 Answers as of May 29, 2013

Father pays child support through state but has no other say in our son's life. I have full custody and he only visits his father every other weekend and sometimes his father cancels. Do I need his fathers consent?

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Law Office of Charles M. Vacca Jr. | Charles Martin Vacca Jr.
Yes, but your former spouse can certainly object to such. In this circumstance, you will need a valid reason to change your son's name.
Answer Applies to: Rhode Island
Replied: 8/7/2012
John Russo | John Russo
Yes, and/or a court order which based on the limited amount you have disclosed will be very hard.
Answer Applies to: Rhode Island
Replied: 8/7/2012
NOLAN LAW LLC | Joshua J. Nolan
Yes, you will need the father's consent to change the child's last name.
Answer Applies to: Ohio
Replied: 8/7/2012
Vargas Law Office LLC | Ronnie Ismael Vargas
Yes.
Answer Applies to: Wisconsin
Replied: 5/29/2013
Victor Varga | Victor Varga
Yes, you would need the father?s consent regardless of whether he was paying child support or not. If he won't consent, you can still do it, it will just be more difficult.
Answer Applies to: Maryland
Replied: 8/7/2012
    Law Office of Gregory Crain | Gregory Crain
    Yes.
    Answer Applies to: Arkansas
    Replied: 5/29/2013
    Steven Alpers | Steven Alpers
    You would have to file an Order to Show Cause re name change. You must notify your son's father of this action so he can object.
    Answer Applies to: California
    Replied: 8/6/2012
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    You do have to give notice to the father as to the changing of your son's last name and you will have to give reason to the court as to why you want to change his name.
    Answer Applies to: Illinois
    Replied: 8/6/2012
    Mike Yeksavich | Mike Yeksavich
    You may well need his consent.
    Answer Applies to: Oklahoma
    Replied: 8/3/2012
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    You cannot change your child's name without the other parent's consent, regardless of the child support, custody or visitation arrangements. If you file an application to change his name and properly serve the other party with notice of the proceedings and the other party fails to object or show up to contest the application, the court might grant the application based on the other party's failure to object.
    Answer Applies to: Arizona
    Replied: 8/3/2012
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If the father pays child support and maintains a relationship with the child (every other weekend visitation - even if he does sometimes cancel) then you would need his consent to change the child's name.
    Answer Applies to: Georgia
    Replied: 8/3/2012
    THE LOCKHART LAW FIRM | CLAYTON LOCKHART
    You will have to petition the court for a change of your son's surname, and yes, you will have to serve the father a summons and give him notice of this because the father is an interested party and is entitled to appear in court to contest the name change.
    Answer Applies to: Mississippi
    Replied: 8/3/2012
    The Gardner Law Firm, PLC | Brandon Gardner
    Yes, you need to obtain consent.
    Answer Applies to: Michigan
    Replied: 8/3/2012
    Barbara Fontaine, Esquire | Barbara Fontaine
    You probably cannot change the child's name without the parental consent. If he visits every other weekend ( most of the time ) and pays child support he is acting as the child's father. Changing the name, even if you could, would very likely be a problem for the child- if not now, then later. I advise against it.
    Answer Applies to: Rhode Island
    Replied: 8/3/2012
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Yes, or a court order. Call a local family law lawyer if you need assistance.
    Answer Applies to: California
    Replied: 8/3/2012
    Law Office of William L Spern | William Spern
    Yes. Any change of name must be done in the court of local jurisdiction with notice given to all interested parties. The father would be an interested party.
    Answer Applies to: Michigan
    Replied: 8/3/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    No.
    Answer Applies to: Nevada
    Replied: 5/29/2013
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    You will need father's consent to change the child's name regardless of whether he is or is not paying child support.
    Answer Applies to: Colorado
    Replied: 8/3/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You don't need the father's consent, just that of the court, although if he opposes the change, the court may not grant the request.
    Answer Applies to: California
    Replied: 8/3/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You would need the fathers consent or a court order. You cannot change the minors name without a court order or consent.
    Answer Applies to: California
    Replied: 8/3/2012
    Law Office of Robert D. Rosanelli
    Law Office of Robert D. Rosanelli | Robert D. Rosanelli
    That is up to the court. You may file a Petition for name change with the Superior Court, however, you must serve the father and allow him an opportunity to be heard. If he objects, you may anticipate that the court would not allow any such change.
    Answer Applies to: Arizona
    Replied: 8/3/2012
    Ezim Law Firm | Dean Esposito
    Yes.
    Answer Applies to: Louisiana
    Replied: 5/29/2013
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Yes, you would need his consent to change the son's name.
    Answer Applies to: Florida
    Replied: 8/3/2012
    Attorney at Law | John P. Rivers
    If the man is the child's father legal father, he will have the right to object to the name change. It will be up to the Court to determine whether or not to grant the petition to change the name.
    Answer Applies to: Georgia
    Replied: 8/3/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Most probably, it sounds like you have joint legal and sole physical custody.
    Answer Applies to: Michigan
    Replied: 8/3/2012
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    Whether he is paying support or not is irrelevant. You'll need a court order to change is name, providing notice to the father and probably you won't get it unless you can explain why it is in the child's best interest.
    Answer Applies to: Washington
    Replied: 8/3/2012
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