QUESTION
Can my son's mother change his last name without my consent?
Asked on Sep 21st, 2011 on Child Custody - Tennessee
More details to this question:
Can my son's mother change his last name without my consent? If yes, do I still have to pay child support?
12 ANSWERS
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.
Answered on Sep 23rd, 2011 at 12:58 PM
Glen Edward Ashman
Regarding the name change, sometimes it can be done over your objection. A name change has no effect on child support.
Answered on Sep 23rd, 2011 at 8:43 AM
Criminal Defense Attorney serving Temecula, CA
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Joseph A. Katz Attorney at Law PLC
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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.
Answered on Sep 23rd, 2011 at 4:58 AM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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It depends as to name change and yes you still have to pay support.
Answered on Sep 22nd, 2011 at 8:00 PM
Theodore W. Robinson
No, she cannot do it legally. Contact a local attorney to fight it. Good luck.
Answered on Sep 22nd, 2011 at 7:46 PM
Bankruptcy Attorney serving North Olmsted, OH
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James F. Lentz Attorney & Counselor at Law
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She may be able to change your son's name. Yes, you absolutely will have to continue to pay support.
Answered on Sep 22nd, 2011 at 6:44 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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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.
Answered on Sep 22nd, 2011 at 5:25 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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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.
Answered on Sep 22nd, 2011 at 5:14 PM
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.
Answered on Sep 22nd, 2011 at 5:13 PM
Family Law Attorney serving Boston, MA
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Law Offices of Susan Correia-Champa
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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.
Answered on Sep 22nd, 2011 at 5:09 PM
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.
Answered on Sep 22nd, 2011 at 4:53 PM
William C. Gosnell
Yes, you must keep paying child support unless there is an adoption. She can change his name.
Answered on Sep 22nd, 2011 at 12:53 PM