Can I legally change my son’s name without father’s consent?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I legally change my son’s name without father’s consent?
I have sold legal and physical custody of my son. His father has no visitation per order if the court. His father has not seen him or paid child support in 5 years. My son is entering kindergarten and assumes his last name is the same as mine.
Asked on March 9, 2012 under Family Law, Massachusetts
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Well, yes you can if a Judge allows it. You are going to have to make an application to the court on notice to the father of your intention to legally change his last name. Generally the law allows the court can order it over the objection of the other party if it is in the child's best interests and in some states if the father does not contribute to support or maintained contact with the child. Your state law will indeed govern. Now, you may want to apply for a hyphenated last name using yours and his fathers if the court will not allow the change. This way he has both. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.