JustWant2BeAGreatMom

Who has name changing rights Mother or Father?

4 posts in this topic

I HAVE A 3YR. OLD TODDLER AND AT BIRTH I HYPHENATED MY LAST NAME WITH THE FATHERS BECAUSE I THOUGHT ONE DAY IT WOULD BE MY NAME, BUT THE RELATIONSHIP DIDN'T LAST AND HE THREW ME AND MY BABY INTO THE STREET FORCING ME TO MOVE BACK HOME. HE HAS BEEN ABSENT FROM OUR SONS LIFE NOW FOR A FULL YEAR AND HAS STOPPED PAYING HIS SUPPORT AND WHEN I TOLD HIM THAT I WANTED TO DROP HIS NAME BECAUSE HE DOES NOT FINANCIALLY SUPPORT OR SEE THE CHILD HE WENT BOLLISTIC! DO I HAVE THE RIGHT TO WANT TO DROP HIS NAME SEEING AS THOUGH HE DOES NOTHING FOR THE CHILD? HE CLAIMS HE WANTS TO BE A PARENT NOW BUT I DON'T TRUST HIM FOR MANY REASONS! HELP FROM A LOVING MOM.

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Yikes...please turn off the caps lock key and don't post in all bold font.

DO I HAVE THE RIGHT TO WANT TO DROP HIS NAME SEEING AS THOUGH HE DOES NOTHING FOR THE CHILD?

Depends on what exactly you mean by this. Do you have the right to change the child's legal name without obtaining the father's consent? No. In order to change the child's legal name, you will have to file a petition with the court and follow the procedures in your unidentified state, which will include giving the father notice. It's anyone's guess whether the court might allow the name change over the father's objection.

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A parent may petition the court to have their child's name changed according to the state's procedures. Unless both parents file the petition to change their child’s name, the parent who files the petition must have the absent parent served notice before the hearing.

HAS STOPPED PAYING HIS SUPPORT

There are legal steps you can take if a parent who is obligated to pay child support under the terms of a court or government agency order stops making payments. To learn more about this topic, you may visit the Family Law Center and read Child Support Enforcement as a good resource.

For further clarification, you may wish to consult with a local Family Law Lawyer to advise you of your rights and options.

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