Advice on Changing Son's Last Name

Better get a lawyer. A friend is going through this now and the father has been a no show for years but won't allow the change.

Get a lawyer. I believe that in Ohio, if the father has not seen the child or paid support in more than one year, the child can be adopted without the father's permission.
C.

Hello - You probably want to call the Franklin County Probate Court to get the answers to your questions but usually it's just like you said - you have to file what's called a Pro Se motion (no attorney) in court and they give you and the other party a court date and he has the right to contest it. I wouldn't say you need an attorney unless the other party comes in and tries to contest it. And there is usually a filing fee to file a Pro Se motion. Hope that helps.

Hi M.,

I'm in the process of changing my sons name as well...........You don't need an attorney just go downtown to the probate court to file the papers.....373 s high st 22nd floor and they will walk you through it. You do have to tell the father and he can contest it but if you are the residental parent most of the time you can win those due to the fact of the courts like to have all kids with the same name in the family.........if he doesnt answer the summons or signs off on it, it will be a breeze email me if you have any other questions or call me at work ###-###-#### I don't mind

Cathy

Hello M.,

I did this a few years back with my older two children. The law then, was if the father has had no contact for at least one year, you yourself could file due to abandonment. The problem might be the child support. If it has not been a year the courts could make you wait a year for that too. Are you wanting to change it to your new husbands or your maiden name?

You can always consult with a attorney, they usually have a free consult and see what he/she says. I filed the paperwork myself, and the courts placed a Notice in the Dayton Daily News, which had to run for a week or two. If no dispute came in, they allowed the case.

Good Luck
T.

always best to seek attorneys advice

Hi M.,

My sister did the same thing in Youngstown, OH... She did have an attorney, but I think all she had to do was prove that the "father" was not involved at all in her daughter's life for a period of time (can't remember how long was needed)... My niece has not seen her "father" since she was 19mos. old and her name was legally changed at the age of five (she is now 10). My sister also had full custody (which he tried to contest) and he had no visitation... Never paid child support, etc. I also remember sending all her birthday cards and letters to her addressed as the name she was to get, so their was mail going through a federal agency coming to her with the last name being requested... They did have to notify the "father" but he never did anything about it at that point (probably because he owed so much child support he would be arrested when he showed up)...

Good luck and best wishes!

I am in Madison County. I had a relative go through the same thing with her son. All you have to do is go to the courthouse and you can have his name legally changed. If your current husband wants to adopt him, that is another story. This is where you have to get an attorney involved and will have to go to court. The biological father will be notified through the courts and if he does not show then the adoption will be granted. In our case the biological father showed for the first hearing, requested an extension but did not show for the second hearing so the adoption was granted which was the best thing that ever happened for the child. Hope this helps a little!

I don't know anything about Ohio law, but I know my husband had to have a paternity test done first, then when it came back the child was his he and his ex had to go to court and they had to establish child support and visitation. Then once that was done he had to go through the courts to have his last name put on his daughters birth cert. because his ex had used her last name for their daughter. It was a pain. I read someone elses reply and they said all you have to do is go to the courthouse and do it, but that sounds awful easy but then again the father may not have fought it. If your ex fights it then I would hire an attorney because he will have to sign off all rights to his child. Then if that happens you will no longer get support from him because yours and his child has been adopted by your new husband. My husband no longer has to pay support on his daughter because his sister got custody of his daughter thank god. His ex is no good and she is an unfit mother by all means. The reason his sister got custody is because we just don't have the room in our house and we were at the time having a lot of financial issues. Now we know she is in a good, stable, and loving environment and he can see her whenever he wants. There can be a lot of hassles involved with situations like this, but my first step would be to contact and attorney and or the court and find out what you need to do. Good luck! D.

Definitely see an attorney. Each case is different and it ultimately depends on the judges decision. The judge will look at all the surrounding circumstances and decide what is best for the child. Just legally changing the last name doesn't neccissarily take away the fathers rights and priveledges or responsibility to pay child support. That would require an adoption. I had my daughters last name legally changed when she was in 1st grade. My ex contested it and also pays child support, but because of his lack of visibility in her life, I was awarded the name change. Every case is different... Seek the advice of an attorney. It is worth the expense for what your son will gain from it. Good luck.

Don't ever assume anything will be granted because it was easy once. In Fulton County it is protocol to place an add in the newspaper where the Father was last known to live and he has 30 or so days to come forward. After that time has passed and the Father has not come forward they will allow the name change. Every County is different and so you really need to contact an attorney or at the very least call your Courts and ask them what their procedures are. They should at least be able to get you pointed in the right direction. I would not suggest going ProSe', by yourself, unless you are used to writing motions etc. If it isn't worded in the appropriate way the Judge may deny your request/motion and then you will have to start from square one and will cost yourself a lot of time.

My husband adopted my little girl when we got married. Yes, you have to go to court. You also have to tell her father, who can reject it. If he hasn't paid child support in a year there is nothing he can do about it.

If you go to the Franklin County Probate website it will tell you what the procedures are. Here is the link:
http://www.co.franklin.oh.us/probate/departments/name_cha... . There you will also find the link to the Name Change Forms.
Good Luck!

We had our daughters name changed two years ago and used an attorney. It cost about $1500 for the entire process (which also had some custody things involved). Her biological father was uninvolved, but still voluntarily paid support so I was awarded the name change. It was put in the paper (he lives in a different state) and a letter was sent to him since I knew his address. He contested, but due to his lack of involvement, the judge decided it was in our daughter's best interest to fit in with the rest of us (she has three half siblings) so we could all share the same last name. If you think your ex would at all contest the name change, get an attorney. We're so glad we pursued it and hope it turns out well for you and your son too.

I live in Montgomery County and just recently had my daughter's name changed. It was really easy, and I did it myself. I did have her father sign though, which had to be notarized, so I'm not sure how to go about it without the signature. I filled out all the paperwork and brought it to the court building where they took it and then set up an appoinment with the magistrate for me. I met with her a couple of weeks later and stated why I felt my daughter's name should be changed, and she agreed and granted the order. My reasoning was that her father had not been a large part of her life for quite some time and that I was remarried and felt that it was in my daughter's best interest to have my last name and the name of the family that she lived with. You should be able to find all the paperwork online. It's also much much cheaper to do it on your own.

M.,

I changed my son's (and my) last name on my own in Cleveland. Luckily for me, his father lives out of state. What they do is they put an ad in the legal newspaper and if no one responds to it you are free to go ahead with the name change, which usually takes about 4-6 weeks.

If your child's father has no interest in the child or does not see or pay, you're chances are great that the name change will go without problems, but if he finds out that you changed it and he wants his rights back, then it could turn into a battle.

My best advice, call Franklin county courts and ask them, you do not have to give your name, just say you are inquirying and go from there.

Good Luck!

I would find an attorney that offers free consults and see what they tell you. After that I would take it from there. They should be able to tell you what you have to do to get it started. Write down all your questions you have so you don't forget them while you are there.

My friend went through somethig similar. She was told that in order to have her ex's parental rights terminated (which I assume is what you want?) her ex had to have basically abadoned their son. Abandonment was defined as the father not paying support, not having any contact (this includes cards and phone calls too) for at least 2 years. I could be wrong on the exact amount of years, but I know it was at least 2 because I asked her for advice on doing the same with my ex. Mine, though, pays court ordered support, yet has not called, asked about, or seen my daughter in almost a year, and he lives 5 mins from us. Your best bet would be to contact franklin county probate. You don't neccessarily need a lawyer, but it may be a good idea. they may also offer you legal aid. Good luck and let us know what happens.

I had this done with my daughter approx. 8 yrs. ago. The law at that time was no contact AND no support for 1 yr. Also you had to be married for one yr. before spouse could legally adopt child. We payed an attorney about 1000 dollars, but I am sure that you could do it without one. It was well worth every penny to have our family united though. I was concerned that if anything ever happened to me that my daughter could be placed in the position to be removed from her home and sister.

Hi M.
Go to the court house and file the paper work yourself you do not need a lawyer to file the paper work. The courthouse as a law libary in it i think it's the 8th floor go in there and tell them you need papers for a minor child name change it will cost no more than 25 cents a copy then you have to file the paper work. Have letters ready from ppl who know the childs father has not been active in the childs life. I would say you might have $175 wrapped up in all this. P.S ppl think you need a lwyer for everything really you don't alot of stuff can be done yourself and for alot less money.
Good Luck
T.

Of course it's only a guess, but I am betting if the Dad is behind on child support he may not want to show his face in a court of law. If he was court ordered to pay, he is now in contempt of court by not doing so. You can usually get a free consultation from attorneys if that would make you feel better, but I think you will be okay on your own. good luck!

M.,
The law says that you have to be married for at least one year before your husband can adopt your child. I would recommend you get an attorney because the court will also appoint a person to yur case who will come to your home and check everything out or at least call you on the phone. I went through this 2 years ago. Also, you defintely want hte adoption...not a name change. If something were to happen, you want to make sure your husband will have responsibility for your little one. Otherwise, your ex will automatically get him. That is how the law works. Get an attorney and shell out the money. It will cost but it will be done right. Find somebody who will be willing to use a payment plan.
E.