How can my son’s name changed with contesting respondent?

Yes, he has a leg to stand on. The only way to get him to accept the change is for him to sign off his rights, your husband adopt your son and forget the child support. And in the great scheme of things, what is best for your son, a father who cares or making the bio-father pay child support?

Under the circumstances, you will have to make a petition to change the name and should engage an attorney to attempt to do so. The effective abandonment of the bio father will be a factor, a will as failure to pay timely his child support. Obviously, if he determines to fight it, it will be more time-consuming and expensive, and there is certainly no guarantee of success.

I can only comment on your case as far as the information you have provided and according to Utah law; as such, what I share here is cannot be used as legal advice for your particular situation but only legal information strictly limited to the facts you have shared. All of the facts that you relate in your detail are relevant for a judge to consider and allowing your son to change his name. If the biological father will not consent to the name change, then you must simply petition the court and see what a judge will do. In these cases, normally I find that the stepfather who has been the "real father" is seeking to adopt the child by involuntarily terminating the biological father's parental rights, which would also terminate the black biological father's duty to pay child support. The "bribe" you mention is not legal in Utah because the right to support is the child's right and not the custodial parent's right to turn down. All that being said, the biological father has his parental rights, which are constitutional and which may be a good enough reason for a judge not to allow your son to change his last name.

He has a right to block the name change even if he's not involved or paying the full amount of support. If your husband did a stepparent adoption you could do the name change but support would end.

It's very simple. You will have to file a Petition for Name Change with the Court. After that the other party must be served either personally or if you don't know where he is, you can publish it. After that a hearing will be set and you will have to show the Court. It is in the best interest of the child.

He has to be given notice of the proceedings and served with the petition. No way around it.

If the child's father consents to the name change you might be able to get it done. Absent that, the change would be unlikely unless your husband adopts the child. An adoption changes the name of the child but also terminates child support of the bio-dad in Ohio. Adoption creates a new father/child relationship, and if you were to end up divorcing the current husband, would place him in the position of paying support for the child in Ohio.