Can I change my son's last name?

[SheriC]

What is the name of your state? Kentucky

Hi,

When my son was born my last name was put on his birth certificate. His father and I never married. I got married recently and my son, who is now 11, has asked that he have his name changed to mine. He just began middle school and he said he is embarrassed that we do not have the same last name. My question is do I need his biological father's permission to change his name to my married name? Thanks.

 

[Rushia]

What is the name of your state? Kentucky

Hi,

When my son was born my last name was put on his birth certificate. His father and I never married. I got married recently and my son, who is now 11, has asked that he have his name changed to mine. He just began middle school and he said he is embarrassed that we do not have the same last name. My question is do I need his biological father's permission to change his name to my married name? Thanks.

The biodad has to be notified and has the right to contest the name change.

 

[SheriC]

If I were to proceed with that, and the biological father contested it, could he force my son to take his last name?

 

[Rushia]

If I were to proceed with that, and the biological father contested it, could he force my son to take his last name?

He could ask that, it would totally be up to the judge.

 

[snostar]

The judge technically would not have to answer a request from the biodad (and likely would not) unless he files Change of Name of Minor petition.

 

[SheriC]

Hi,

Did I hear right that if I request that my son's name be changed, his biological father could "contest" it but not be the final authority on that decision? Does that mean the final decision would be at the judge's discretion? Because of my son's age, would he be able to speak to the judge about his wishes so that could be factored in as well? Thanks.

 

[snostar]

Yes.
Yes.
Maybe.

 

[SheriC]

Hi snostar,

Thanks. So how do I get started? Do I need to have an attorney? Can I just go to the court and request forms? Can you assist me? Thanks.

 

[snostar]

Here's a free form, just copy and paste into word.

http://www.ilrg.com/forms/namechange-minor/us/ky

 

[SheriC]

Thanks for the form snostar! Is the second part of the form for my son to complete? Also, when I file is that when his biological father is going to be notified? And if he contests it, does that mean he has to come here to court (he lives in Florida)? Thanks.

 

[snostar]

Thanks for the form snostar! Is the second part of the form for my son to complete? Also, when I file is that when his biological father is going to be notified? And if he contests it, does that mean he has to come here to court (he lives in Florida)? Thanks.

No, the bottom portion of the form would be used if Dad consented prior to filing. You can leave that portion out along with the "Verification (Petitioner #2, if any)" section since you are the sole petitioner.

Yes, Dad will be notified and have to appear himself or have an attorney appear on his behalf in the court it is filed.

 

[SheriC]

Thanks snostar!!!

 

[snostar]

DING!! Another satisfied customer.

You may have to pay an additional fee to have Dad served out of state. The court clerk may be able to help you with that information.

 

[SheriC]

Hi snostar,

I contacted the clerks office and they told me probate handles name changes. I called probate and was told if I appear in court without the biological fathers written consent then I would have to send him a certified letter, return receipt informing him I intend to have my son's name changed. Then we go back to court. Is that right? Thanks.

 

[snostar]

You''ll be fine if you follow direction from the proper local agency. Good luck.