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Joint legal custody/can sons mother change name to her new husbands name?

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Scott61525

Guest
What is the name of your state? Iowa
Hello,
Recently my son's mother was married. My son currently carries her last name as we were never married and she refused to have his name changed in our settlement of visitation and custodial rights. I have Joint Legal Custody with her and my question is this. Can she now have my sons name changed to her new legal last name without informing me....or even if she did inform me? Can she do this informing through a newspaper even though we have regular contact ever other weekend?
As this could be confusing for my son when he is older...he 2 1/2 now. I would prefer he bore my last name as I take care of all my obligations for his care and we have an excellent father/son relationship that is growing better and better with each visit. Shouldn't I have some say in his last name as I have Joint Legal Custudy?
Scott
 


stephenk

Senior Member
if she has filed a petition for name change you should have already been served with the paperwork. The newspaper notice is required as part of the procedure.

It may not seem fair but her position will be that she is now married and does not want to confuse the child by having him have a different last name than the one she is now using and her husband. Plust the fact your son has never used your last name.

just because you have joint custody doesnt mean a judge will deny her petition, especially if that is your only argument against the name change.
 
S

Scott61525

Guest
The name change has been a major source of contention all along. I requested it from the very beginning and she has refused. She even had it written that my sons father was unknown on his birth certificate...yet she got upset when I questioned whether she slept with other people. I feel that a fair question if someone is unwilling to give the child the father's last name, especially when it is a boy who is the first born son of a first born son of a first born son, whose family consider their name of high import. It seems that this is just another example of her ill behavior.
Thanks for the info
 

ellencee

Senior Member
I think if she petitions a name change, then you may receive the opportunity to be heard; however, you were denied your request in a court of law previously and I'm sure you don't have your hopes up even if you're given this opportunity.

She can allow the child to use her new last name, though, without doing anything other than letting her child use the last name and on documents requiring his legal name, put "Jones" AKA "Smith". As long as it's not for illegal purposes, she can 'name' him George W. Bush, if she wants to do so.
 

stephenk

Senior Member
Ellen is correct. The court may allow the name change. if the petition is denied she can still use any last name for the boy as long as it isnt to deceive or commit a fraud.

if you really want a son to have your last name make sure you are married to the woman before you get her pregnant.
 

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