Changing child's last name

[ATCinWI]

What is the name of your state (only U.S. law)? Wisconsin

My wife has a child from a previous relationship. She has sole legal custody, but he has visitation rights and pays child support. When the child was born, the dad kind of hid out and is not on the birth certificate. The child has my wife's maiden name for his last name.

When we got married, my wife took my last name, and we've had another baby since then with, obviously, my last name. Since the older kid does not have his real dad's last name and the real dad isn't on the birth certificate, can we petition the court to change his last name to match the rest of the family?

 

[futuredust]

What is the name of your state (only U.S. law)? Wisconsin

My wife has a child from a previous relationship. She has sole legal custody, but he has visitation rights and pays child support. When the child was born, the dad kind of hid out and is not on the birth certificate. The child has my wife's maiden name for his last name.

When we got married, my wife took my last name, and we've had another baby since then with, obviously, my last name. Since the older kid does not have his real dad's last name and the real dad isn't on the birth certificate, can we petition the court to change his last name to match the rest of the family?

Sure, but you will not prevail. Unless, of course, Dad agrees.

 

[Silverplum]

So, you think you can just erase Dad and all will be well in Wonderland?

Read past posts. They're so very useful.

What is the name of your state (only U.S. law)? Wisconsin

My wife has a child from a previous relationship. She has sole legal custody, but he has visitation rights and pays child support. When the child was born, the dad kind of hid out and is not on the birth certificate. The child has my wife's maiden name for his last name.

When we got married, my wife took my last name, and we've had another baby since then with, obviously, my last name. Since the older kid does not have his real dad's last name and the real dad isn't on the birth certificate, can we petition the court to change his last name to match the rest of the family?

 

[Proserpina]

They could always change their last names to match the eldest kid's last name...problem solved!

 

[Zigner]

They could always change their last names to match the eldest kid's last name...problem solved!

With the exception of the word "eldest", this is, word-for-word, what I was going to post
(I probably would have used "first")

 

[ATCinWI]

So, you think you can just erase Dad and all will be well in Wonderland?

Read past posts. They're so very useful.

Read my post, you missed the point.

Again, kid already has mom's last name, dad is not on birth certificate, and I don't see where I mentioned erasing the real dad anywhere in my post. Maybe you should wait till you're done reading the post before coming up with your witty comebacks.

In any case, it was just a thought since real dad's name isn't attached to the kid anyway, which is why I came on here to ask. It sounds like I shouldn't spend the time and money with our lawyer to pursue it. Thanks for the information.

 

[Proserpina]

Read my post, you missed the point.

Again, kid already has mom's last name, dad is not on birth certificate, and I don't see where I mentioned erasing the real dad anywhere in my post. Maybe you should wait till you're done reading the post before coming up with your witty comebacks.

In any case, it was just a thought since real dad's name isn't attached to the kid anyway, which is why I came on here to ask. It sounds like I shouldn't spend the time and money with our lawyer to pursue it. Thanks for the information.

Why not do as I suggested?

Because it's about matching names, right?

 

[Silverplum]

Read my post, you missed the point.

Again, kid already has mom's last name, dad is not on birth certificate, and I don't see where I mentioned erasing the real dad anywhere in my post. Maybe you should wait till you're done reading the post before coming up with your witty comebacks.

That wasn't witty. I know witty, and that was not it at all.

What it was, was true.

 

[ATCinWI]

Why not do as I suggested?

Because it's about matching names, right?

We're considering it. I asked because it would be easier to change one 2-year-old's last name than two adult's last names.

 

[stepmom2009]

Stepdad,

First off, please be aware that they do not really like stepparents to ask questions here.

Second off, tell your wife to go ahead and file her petition. If dad tries to fight it, compromise and go with a last name of Mom'smarriedname-Dad'slastname.

Legally, that will be the kid's name. But in everyday life, the kid can drop the hyphen and just go by the mother's married name.

I am in a similar situation as in my dd's dad pays CS but has not seen her in three years so my husband is considering adopting her. If he does not adopt her, then I will be petitioning to have her name changed. I do not know how active your SC's real dad is. If he is active, then I would suggest having your wife discuss this with him before filing any paperwork. If he agrees, then things will be a lot easier (and cheaper) to file.

 

[Proserpina]

We're considering it. I asked because it would be easier to change one 2-year-old's last name than two adult's last names.

Evidently not, actually.

Changing your name/s would require no third party permission.

Changing kiddo's name requires permission from either Dad or the courts.

 

[Zigner]

We're considering it. I asked because it would be easier to change one 2-year-old's last name than two adult's last names.

Actually, no...it wouldn't be easier.

 

[ATCinWI]

That wasn't witty. I know witty, and that was not it at all.

What it was, was true.

It wasn't true. Dad refused to sign birth certificate. I wasn't in the picture at that point and had nothing to do with it. Changing kiddo's last name (if we could) wouldn't affect his custody or visitation. If real dad wants to erase himself, I certainly wouldn't stop him, but your assumption that I think this would somehow make him disappear is incorrect.

Like I said before, kid doesn't have his real dad's last name. Never did. He sees Dad every other weekend, and probably will forever, regardless of his last name. I had a different last name from my parents when I grew up, and didn't understand why when I was 4 or 5. I was looking for a way to prevent that. And, again, since he already doesn't have his dad's last name, it has nothing to do with his dad. So the kid had Grandpa's last name for now, we can live with that.

 

[futuredust]

Stepdad,

First off, please be aware that they do not really like stepparents to ask questions here.

Second off, tell your wife to go ahead and file her petition. If dad tries to fight it, compromise and go with a last name of Mom'smarriedname-Dad'slastname.

Legally, that will be the kid's name. But in everyday life, the kid can drop the hyphen and just go by the mother's married name.

I am in a similar situation as in my dd's dad pays CS but has not seen her in three years so my husband is considering adopting her. If he does not adopt her, then I will be petitioning to have her name changed. I do not know how active your SC's real dad is. If he is active, then I would suggest having your wife discuss this with him before filing any paperwork. If he agrees, then things will be a lot easier (and cheaper) to file.

Inaccurate.

 

[ATCinWI]

Evidently not, actually.

Changing your name/s would require no third party permission.

Changing kiddo's name requires permission from either Dad or the courts.

I understand that. If we COULD do it legally, which is why I asked, it WOULD be easier. Kid doesn't have to update records at the DMV, IRS, jobs, etc... Man, this whole board is a bunch of trolls.