name change

What is the name of your state? NJ. I am currently married and my husband and i have a child together. At the time of our sons birth, we were not married so he has my maiden name. If we were to get divorced, is he able to get our son's last name changed to his without my consent?

anewlife said:

What is the name of your state? NJ. I am currently married and my husband and i have a child together. At the time of our sons birth, we were not married so he has my maiden name. If we were to get divorced, is he able to get our son's last name changed to his without my consent?

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Yes, he can have the name changed without your CONSENT. However, you can TRY to contest the change in court. A judge can approve the change over your objection though. He doesn't have to wait for a divorce either. The most common solution is to hyphenate the child's last name using both mom and dad's names.

If you took dad's last name when you got married, I don't know why you would object to changing the child's name while you are still married though.