Ok so i just found out that my x husband (who has choosen to drop out of our childrens lives 2 years ago) has remarried, and changed his lastname and taken on her lastname. So I see no point in my sons having his lastname if it no longer is his. My boys and i would love to have thesame last name, as i went back to maiden name when we divorced. Do you know how to go about changing there lastname??
I have full legal custody of them, if that matters.
I would think he has to give permission since he is their father. Then once that is taken care of an attorney could help you find the legal way to do so.
From the legal standpoint, it seems that it depends on what state you live in. Below is the information I found from doing a quick search on "How to legally change a child's last name".
However, there are more than just legal issues - I am not sure how old your boys are but names are an important part of identity and I am sure that they have already suffered as a result of the divorce and their father's abandonment of them! My brother's ex changed the last name of their 3 children after she had his rights terminated - I understand why she had his rights terminated and mostly agree with that, however, a lot has changed since then! My brother has cleaned up his act a lot and our family is now in touch with those now grown children and it causes many of us in the family a lot of pain that these "kids" no longer share a name with us. I haven't ever discussed the issue with the "kids" and how they feel about no longer sharing our surname.
Another thought is that it is difficult to trace family histories when there are such name changes.
Good luck with whatever you decide.
blessings,
Stacyt
About one million children are affected by divorces in the U.S. every single year. Also, 25% of children in the U.S. are born out of wedlock. Its easy to see why many people want to change their child`s last name. Not to long ago courts ruled that a father had a right to have his child`s last name kept the same as his long as he continued to act as a parent to the child. Now-a-days courts usually weigh these facts: how long the child`s had their father`s last name; how strong the relationship is with the mother and child and vice versa; and if the name change is necessary to be identified as part of the mother`s or the father`s family. There has been cases where one of the parents doesn't show up in court, and therefore the judge will rule in the other parent's favor. Sometimes the courts will rule what they feel is in the best interest of the child.
Some U.S. state courts have adopted simplified child name change forms, these forms can also be found in child name change kits on many sites where you can download printable legal forms, these sites are made for do-it-yourselfers and are usually inexpensive (under $15). States that have not created simplified forms will still allow you to file a formal name change case, but the forms will have to be obtained from a legal forms business.
Even after you successfully change your child's last name their birth certificate will remain the same, this is because they want some way to identify the father of the child. Child name changes do not interfere with child support, the times or schedules for visiting, and most obvious it does not interfere with your legal parental responsibilities your child is entitled to by law.
You do it in court. It is usually simple paperwork that you can file yourself. Then you go before a judge. Hope it works out!
You need to check with your local courthouse. Each state can be very different in what they require for a name change. Here in California each county courthouse has a packet of forms and some instructions for doing a name change. There is also a filing fee of $355.00, however if you qualify there is paperwork to receive a waiver of those fees.
All counties in Califoria have a "Self-Help Center." Some of these are staffed and some of them just have books and computers for you to do your own research. So definately check with your local court and ask about all possible options.
And just so you know, in California there is a requirement that you notify the father of the request to change the children's name, even if he is not in there lives, even if you have full custody. This applies to everyone unless the father's "parental rights" have been terminated. (To do that in an entirely different process)
And as always if you have the means talk to an attorney. This may save you time and headaches later on.
J.
You'll have to go to a court to do it but it's a pretty simple form. I think there's a relatively small fee too.
It does matter that you have full legal custody. Go to your local court house & they should direct you to the forms to fill out & the fees it will cost you.
You could do what my great grandfather did and just have them go by your last name with out the legal name change. The school should have no problems honoring you & your children’s' wishes.
What I did was go to my local clourt house and get all of the paper work to change the last name. I had two options 1.) Get his signature on a notarized letter saying he agrees to the name change. 2.) If you do not know how to contact him you go to court and tell the judge that. Here you have to then place an ad in the paper saying the time and date of the court hearing to have the name changed.
M.
Updated
What I did was go to my local clourt house and get all of the paper work to change the last name. I had two options 1.) Get his signature on a notarized letter saying he agrees to the name change. 2.) If you do not know how to contact him you go to court and tell the judge that. Here you have to then place an ad in the paper saying the time and date of the court hearing to have the name changed.
I know my children's school had a slot to put down legal last name as well as prefered last name. However, some places do not allow your children to go by a prefered last name. So you kids will have to balance two last names. The cost was $275 for both of my kids and it was fairly simple. Once completed I took the court papers to the school and they switched the names. I never had a problem with questions or weird discussions about it.
M
M.
A man changing his last name is wrong.Its messes up the family tree;causes confusion down the road for generations to come.Your ex shouldnt have done it and your sons name shouldnt either.Think about the blood line lost because of legal name changes now to a boy or man.
Hi B.,
You will have to got through the courts and change it legally. I am unsure in your state if both parents will need to sign the forms. If it seems archaic (the process) talk to your son's school administrator/secretary/principal and explain the situation. Perhaps the boys can use your maiden name for school and deal with the change when they are legally of age.
Best wishes!
It's been a long time, but there is legal paperwork to fill out, so I would start by calling the court house and asking them the procedure. I changed my daughters last name with relatively no trouble, just the time involved in seeing the judge. Good luck.
I don't know about washington, but in California you just go to the Court Clerks Office and start there. They can give you the paperwork needed to get started.
