And your husband cannot have his parental rights terminated, or his daughter's name changed, without notice and an opportunity to be heard and voice his objections. You can't change the name of a child who is over the age of 13 and was found to have committed a crime that would have been a felony offense for an adult. "There’s no rule of thumb," says Jennifer Traficanti, director of child services of the Massachusetts Adoption Resource Exchange (MARE). While in principle, I suppose you are right Erik, we are allowed to have our day in court as long as we are notified. Many schools and other governmental agencies won't do a name change without some sort of a court order, and these days you're likely to have a hard time getting a name change accepted without one. The following things need to be done in order to complete a legal name change for a child: The parent files a petition with the county court requesting the name change. You must provide the court with the new name you want for your child and with information on why you want to change the child's name. I have full custody of my 12-year old son. YES, you can change a child's name without changing the status of the child within your family. Yes it is possible, my mother changed my name with out my fathers knowledge. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. You can go to martindalehubbel.com or call your county bar association. "It’s truly a personal decision for families. In certain circumstances, however, you can change your child’s name without the child’s “legal” father’s consent. A parentage judgment includes an order to change the child’s name — This means the process will include an Order to Amend Birth Certificate. Read on for more information about how to petition for a child's name change when only one parent is asking for the name change. yes, you are correct, if a legal name change did not happen, nor an adoption, the childs name should be the one on the childs birth certificate. The adoption itself will require termination of parental rights from a legal standpoint but he can add a provision relative to visitation and participation in the child's life ... which from the sound of your posting is not the problem ... and if it is easier for the child and she wants it my advice would be to grant the wish ... another route to take is a Guardianship Agreement which again petitions the court and I believe would allow name change or the use of her step-father's name ... where it would be noted most would be in the future when she applies for a security card, job, security clearance, etc. My father wasnt notified and by the time he had found out to much time had passed, making it impossible to do anything about it. My website is eriksmith.org. You then pay the fee (around $10 here), and the court will contact you with a court date. In order to legally change your child’s name, there is a relatively simple but important process. An adoption severs the parent-child relationship between the child and his biological parents and creates a parent-child relationship between you and the child. I would like to correct the spelling on the first name and change the middle names to a good southern name and of course share the last name with her. ©2020 Adoption.com LLC, a service of The Gladney Center for Adoption. This is his only child. Is it possible to change my son's name to my new husband's last name without having to obtain the consent of his absent father or prove abandonment? His father and I are divorced, and have had no contact for ten years. An adoption petition generally can be modified to include a provision identifying the purpose of the adoption as well as any conditions relative to it. If the parents disagree, they are entitled to a trial to present evidence supporting their reasons for wanting the name change or objecting to the proposed name change. What you can change your child’s name to. The one child has a "misspelled" first name, 2 middle names from a religion very different from our own and a last name. If you want to legally change a child's gender (with or without a name change too), proceed with this option. To change your child's last name, file the petition, notify the other parent and convince the court that the name change is in the child's best interests. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Stepparent adoption is more than we can afford. Adoption is often a case of middle-class families taking on children from non-middle-class backgrounds, and when those families worry about taking on a child because their name … Hello, I have a real delima. The judge will then determine whether a name change is in the child’s best interests. * When we adopted our daughter her name was automatically legally changed to our last name. You can keep the first and middle name while changing just the last name. YES, you can change a child's name without changing the status of the child within your family. So, if you are naming an infant after adoption, you have many options. The answer depends on whether both parents agree to the name change. Users of Adoption.com agree to the It does not place children for adoption or match birth parents and adoptive parents. Getting the absent father's consent to the adoption -- or proving it is not necessary -- should not be a problem in your case. You can talk to your child's school and see if they would be willing to accept a letter from you to change his name on their records, but don't be too shocked if they say "no. Can a child have their step-father's last name without being adopted by him? There are certain forms you need to complete to do this. You then go down to the Soc Security Admin and get a new SS number. Visit the official website of the Colorado Courts. My husband wants to go through the process of giving his daughter his last name hyphenated with the mother's maiden name, because her mom won't agree to it solely being my husband's last name. Many schools and other governmental agencies won't do a name change without some sort of a court order, and these days you're likely to have a hard time getting a name change accepted without one. It sounds like your current husband is actually parenting your son, and an adoption will shift legal parental rights and responsibilities to him, which will protect both your husband and your son. Thanks. As I said, there is no real rule when it comes to naming a child. You’ll have to find what you can and cannot live with. "It is possible, however, to change a child's name without the process of adoption through petitioning the court for a name change by filing certain paperwork.How this works will … HELP!! The attorney listings on this site are paid attorney advertising. If a child is under 12 months, you may not need a court order. You can talk to your child's school and see if they would be willing to accept a letter from you to change his name on their records, but don't be too shocked if they say "no." You can … Changing a child's name is easiest if both parents file a petition together. I think there is an article on there about how to prevent your infant from being adopted. If both parents consent to the name change: If the child is over one year old but still a minor, you may file a Petition for Name Change. That is basic constitutional law. She was even reissued a new birth certificate listing myself and my husband as the parents. You go to the courthouse and get a petition for name change. A deed poll is a legal document that proves a change of name. If you really don't want to go through any court proceeding, you can try an informal name change, but you're unlikely to get very far. My step-daughter's last name is currently her mother's maiden name. This sounds like something Attorney Leving would get into. A person with parental responsibility for a child is able to change any part of that child’s name. Yes I would like any info you can send me. Their new name has to consist of one surname and one or more other names. Changing a name can be a wonderful way to give your child control of part of the situation they’ve been placed in. Even if you change your son's name, it won't change his legal relationship to your current husband. Search for him on the web and call him. The non-consenting parent must be served with copies of the name change papers and given a chance to object. Advice on adopting a child. I suppose this message might be coming too late, but I feel compelled to answer it. You don't need to file to change your child’s name if: You’re adopting a child and want to change their name as part of the adoption process — See The Court Adoption Process for more information. Changing a name does just that -- and no more. If the parents are in agreement, they may file for a name change with the court. If your child is under 16 years old, potentially both parents will have to consent to a change in the child’s name. A judge may or may not grant a child's name change without the other parent's consent. Terms of Service, In a situation where the mother has sole physical custody , is not married, and where paternal rights have not been established, the mother may change the child's last name without permission. Children cannot change their last name until they are of legal age, but if you have sole custody, you can change your child's name by filling out a few different papers and submitting them to the courthouse, following the proper legal channels. Karla King is a passionate open adoption advocate, adoptive mom, foster mom, wife, reader, avid creator of … For example, if the child is raised by the mother, and the father isn't present, the mother may want the child to have her last name. We live 6 states away and only get to see her maybe 2 times a year, but they have had a father daughter relationship up till this point, The mother says she will let the father see her and have contact, without the father paying child support, which by the way has never been late. My husband is contimplating letting the mother of his daughter and her new husband, adopt his nine year daughter. Is there anyway that he can do a name change without the adoption. First, I can only give general advice since I am not an attorney. It'd just look like he was the dad but he'd have no actual rights to the child. It’s their right as parents to make that choice. You are the child's guardian : Currently involved in a family law case If you are involved in a family law case like parentage, child support, adoption or child custody, etc, and there has not been a final judgment yet, you can ask that the name be changed as part of the judgment on Form FL-250 Change a child’s name You can change the name of a child under 18 (sometimes called a ‘minor’) by ‘enrolling’ their new name at the Royal Courts of Justice. ©2020 Adoption.com LLC, a service of The Gladney Center for Adoption. She can also change their names if she has filed that you abondoned the children. In some states, the information on this website may be considered a lawyer referral service. They including the daughter want everyone in their house to have the same last name, they have a 3 year old also. The easiest way to change your stepchild's name is to get the permission of the biological parent you aren't married to, who is usually the father. Changing a child's last name is used in adoption cases or to reflect a new family unit created by the addition of an involved stepparent. The judge will then remove the consent requirement. You can keep the name given at birth. Adoption.com is not a licensed adoption agency or facilitator and it does not provide professional, legal or medical advice. Privacy Notice and The first thing you have to ascertain is, who exactly is the child’s “legal” father. For example, a person with PR can change a child’s forename, surname (or both), add names, remove names, and change the spelling of their name. I have since remarried. If you have religious, philosophical or cultural reasons to have only one name, you need to include a letter of explanation with your application. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. It will ask you the reason for the name change and you have to have it notorized that you are not doing it bc of criminal reasons. If you can show the court that the father hasn't communicated with or supported your son for a year or more, the judge should conclude that he has abandoned your son. He's a big father's rights attorney. You can then complete a petition and file it with the court. You also must declare your name, address, date of birth, email address, and phone number. If you want them to have a parent-child relationship, you should probably reconsider the possibility of stepparent adoption. You go before a judge and he/she will either grant or deny your request. But the forms sent ask that he sign the informed consent papers to terminate any parental rights and also state in a section that it will terminate his rights whether or not any agreement for visitation or communication had been discussed or agreed upon. Step 1 File a name change … In my state the forms are on-line. ", Copyright © 2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. To legally change your child's last name, you need court permission. In a situation where parental rights of one parent has been legally terminated, the other parent may change the child's last name without permission. It will ask you the reason for the name change and you have to have it notorized that you are not doing it bc of criminal reasons. That would be signing away all his parental rights. Parent 1 completes their part Parent 1 attaches consent from the child, if applicable If the child is 12 years or older, their name can’t be changed without their … Use the second set of instructions if only one parent will file the request for name change. Use the first set of instructions if you and the other parent agree to file the request for name change together. For the majority of families, changing the child’s last name is a given, but the first name requires careful consideration. You can change all or part of your child’s name. Adoptions are not usually required when a parent simply wants to change her child's name. Is there anyway since it means so much to the other parties to have the name changed, for this to be done without an adoption? You go to the courthouse and get a petition for name change. If you want to ask a judge to legally change your child’s name, use the Instructions & Forms. I can't remember his first name. A changed name does not mean that rights have been removed. I only visit my website when I add to it, and I haven't added anything in a few months. You can often do a stepparent adoption without the expense of a lawyer -- check your state court's website for do-it-yourself information. if you have gone to court and lost custody and she has full custody, then she can adopt them with her new partner. Community Rules. All rights reserved. You can certainly hire an attorney to change the minor's name for less than an adoption, but I would discourage you from doing so. But adoptions and name changes are two totally separate things. Do Not Sell My Personal Information, Building a Parenting Agreement That Works, Nolo's Essential Guide to Child Custody & Support, Child Custody, Child Support & Visitation. I think, an adoption is an adoption, but a name change is just a name change. I think you can change the childs name to anything you like without the fathers permission or terminating his rights, but just changing the name would not change your husbands relationship with the child in any way. Your husband can go to the family court and find out, as this would be in violation of the fathers rights to his child. I've heard of that attorney and I have read some good and bad stories about his office. Additionally, if one parent is deceased, the other parent may change the last name of a child. To change the surname of your adopted child to your family surname, the adoption certificate is sufficient documentary evidence — you do not need a deed poll.. On the other hand, an older child may be able to clearly convey his or her feelings regarding a name change, and if a change is desired, the child may be interested in choosing the name. He's in Illinois, probably chicago. What is a “known as” name? The article also talks about where to find lawyers in your area. 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