Can my son's mother change his last name without my consent? 20 Answers as of June 21, 2013

Can my son's mother change his last name without my consent? If yes, do I still have to pay child support?

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Elizabeth Jones, A Professional Corporation
Elizabeth Jones, A Professional Corporation | Elizabeth Jones
You will receive notice if she tries to change his name and you can object. Yes you will still pay child support and still have the same parenting rights.
Answer Applies to: California
Replied: 9/23/2011
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
Regarding the name change, sometimes it can be done over your objection. A name change has no effect on child support.
Answer Applies to: Georgia
Replied: 9/23/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
You did not provide much information in your question. That answer, therefore, is "probably not". That does not mean that she might not have tried to do so (and succeeded). Just that she cannot legally do so. Fraud andperjuryis rampant.
Answer Applies to: California
Replied: 9/23/2011
Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
It depends as to name change and yes you still have to pay support.
Answer Applies to: California
Replied: 9/22/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
No, she cannot do it legally. Contact a local attorney to fight it. Good luck.
Answer Applies to: New York
Replied: 9/22/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    She may be able to change your son's name. Yes, you absolutely will have to continue to pay support.
    Answer Applies to: Ohio
    Replied: 9/22/2011
    AyerHoffman, LLP
    AyerHoffman, LLP | Cara Lee Thompson
    It depends on what type of custodial relationship exists in your situation. If the mother of your child has joint legal custody of your child with you, then she cannot change the child's name without your consent. However, if she has sole legal custody of the child, then it is more likely than not that she can change his last name accordingly. If you have an agreement in place stating this custodial relationship, and you do in fact have joint legal custody, and she has already changed his name, you do have grounds for filing a complaint for contempt. However, keep in mind that a violation of this agreement does not preclude your obligation to pay child support.
    Answer Applies to: Massachusetts
    Replied: 9/22/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You should be given a say in the name change. You also will still have to pay support.
    Answer Applies to: Connecticut
    Replied: 9/22/2011
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    She must file a complaint with the court, and you must receive notice. The change in published in the paper before it is ordered by the court. At any stage in the process you can file with the court a formal objection.
    Answer Applies to: New Jersey
    Replied: 9/22/2011
    Robinson & Geraldo
    Robinson & Geraldo | Manuel Geraldo
    To change it legally, she has to go though Court. You may be able to contest. Even if she succeeds in changing your son's name, you are still obligated to pay child support.
    Answer Applies to: District of Columbia
    Replied: 9/22/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    Generally, both parents of the child are required to consent to a name change. A name change would have no impact on your child support obligation.
    Answer Applies to: Florida
    Replied: 9/22/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    Are you divorced from the mother and do you have visitation rights and if so have you paid child support and exercised visitation? If you are not married, have you legitimated the child, and are you paying any child support? This is not a question that can be answered without any facts.
    Answer Applies to: Georgia
    Replied: 6/21/2013
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    In Colorado the name change would require your consent unless the mother can convince the court it would be better for the child to change the name despite your objection. Regardless of any name change, you will still owe child support.
    Answer Applies to: Colorado
    Replied: 9/22/2011
    Correia-Champa & Mailhot
    Correia-Champa & Mailhot | Susan Correia Champa
    Your son's name cannot be changed without your consent assuming you were adjudicated the father. In Massachusetts if you were married to your son's mother then your legal rights to your son are already established. If you were not married to your son's mother then you will need to be adjudicated by the court as the Father. This can be accomplished by filing a Complaint for Paternity in the court. If your name is on the birth certificate then you would need to file a Chapter 209C. That being said, if you have already been through the court system then his name cannot be changed without notification and an opportunity for your objection. Child support, however, has nothing to do with his name. They are not related concepts in the court's eyes.
    Answer Applies to: Massachusetts
    Replied: 9/22/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    Yes, you still have to pay child support if the child's name is changed.
    Answer Applies to: New Jersey
    Replied: 9/22/2011
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    The mother's "Petition For Name Change of Minor Child' filed with the local circuit court will require that you as the father be properly served with a copy of this petition and with a notice of the hearing date and opportunity to contest it. Irrespective of the outcome, you can be assured that it will not relieve you of your obligation to pay support for this particular child.
    Answer Applies to: Virginia
    Replied: 9/22/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    A legal name change requires that a petition seeking same be filed with the Court and that a copy of same be served upon interested parties affording an opportunity to object to same.
    Answer Applies to: New Jersey
    Replied: 9/22/2011
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