name change

[graciousduncan7]

What is the name of your state?AL

If a custodial parent has sole (legal/physical) custody, can she change the childs name without the fathers consent? And if she can would this terminate the fathers parental rights? She doesn't seem to need his consent to do anything that I know of.

 

[readytoscream]

If father is listed on birth certificate, or is listed in divorce papers as being father and having visitation, then no.

However, if no father is listed, and no one claims to be father through proper channels, then possibly.

 

[brisgirl825]

You're gonna have to give a tad more info.

 

[Zephyr]

You're gonna have to give a tad more info.

I think this is in reference to her question in child support, about cp having the child use boyfriend's last name...

If so...no, dad would have to agree in order for it to happen, if dad fought the request then it would be denied

 

[CarrieT]

What is the name of your state?AL

If a custodial parent has sole (legal/physical) custody, can she change the childs name without the fathers consent? And if she can would this terminate the fathers parental rights? She doesn't seem to need his consent to do anything that I know of.

First of all.. this seems to be part of your original question on the child support board:

https://forum.freeadvice.com/showthread.php?t=300996

And actually thank you, as you have answered my question regarding custody of the child which I asked under that topic.

If she has sole legal and physical custody of the child then yes, she can change the childs name without consent of the father, in court... However, what I was told when I was going through my remarriage, was that my ex's rights werent terminated unless my children were legally adopted by my new husband, and in order to do that, my ex had to give consent for the adoption and termination of his parental rights.

Im still not so sure that you are presenting the complete facts in this issue, as reading between all the different posts you have made, your personal emotional involvement doesnt quite 'fit'.

Carrie

 

[Zephyr]

First of all.. this seems to be part of your original question on the child support board:

https://forum.freeadvice.com/showthread.php?t=300996

And actually thank you, as you have answered my question regarding custody of the child which I asked under that topic.

If she has sole legal and physical custody of the child then yes, she can change the childs name without consent of the father, in court... However, what I was told when I was going through my remarriage, was that my ex's rights werent terminated unless my children were legally adopted by my new husband, and in order to do that, my ex had to give consent for the adoption and termination of his parental rights.

Im still not so sure that you are presenting the complete facts in this issue, as reading between all the different posts you have made, your personal emotional involvement doesnt quite 'fit'.

Carrie

Bull$hit, please tell us where you get this legal information

 

[brisgirl825]

First of all.. this seems to be part of your original question on the child support board:

https://forum.freeadvice.com/showthread.php?t=300996

And actually thank you, as you have answered my question regarding custody of the child which I asked under that topic.

If she has sole legal and physical custody of the child then yes, she can change the childs name without consent of the father, in court... However, what I was told when I was going through my remarriage, was that my ex's rights werent terminated unless my children were legally adopted by my new husband, and in order to do that, my ex had to give consent for the adoption and termination of his parental rights.

Im still not so sure that you are presenting the complete facts in this issue, as reading between all the different posts you have made, your personal emotional involvement doesnt quite 'fit'.

Carrie

Sole custody does not give mom the right to do a name change w/o dad's permission.

 

[CarrieT]

Bull$hit, please tell us where you get this legal information

Because this is what I DID with MY children. I was permitted to legally change their name to MY maiden name.. however I was NOT permitted to allow my current husband to adopt my children without my ex's consent.

Carrie

 

[Zephyr]

Because this is what I DID with MY children. I was permitted to legally change their name to MY maiden name.. however I was NOT permitted to allow my current husband to adopt my children without my ex's consent.

Carrie

you changed the child's name to your own, NOT to your boyfriend's, which we know is the point of this question....

and for some reason, whether your ex was deadbeat or whatever you had an extremely lenient judge, that is not usually the case.

are you from the same state as op? I didn't check, but, if not how do you know that things aren't handled differently in op's state?

the point is just because something happens in one case does not by any means make that the norm

 

[CarrieT]

you changed the child's name to your own, NOT to your boyfriend's, which we know is the point of this question....

Yes, you are correct here. I concede the point.

are you from the same state as op? I didn't check, but, if not how do you know that things aren't handled differently in op's state?

the point is just because something happens in one case does not by any means make that the norm

My post must have been confusing, as the point I was trying to make was that in my case, I was told that I needed my ex's permission to terminate his parental rights. And no, I was in California at that time, which is a different state than the OP, which is also why I was saying 'in my case'.

 

[graciousduncan7]

First of all.. this seems to be part of your original question on the child support board:

https://forum.freeadvice.com/showthread.php?t=300996

And actually thank you, as you have answered my question regarding custody of the child which I asked under that topic.

If she has sole legal and physical custody of the child then yes, she can change the childs name without consent of the father, in court... However, what I was told when I was going through my remarriage, was that my ex's rights werent terminated unless my children were legally adopted by my new husband, and in order to do that, my ex had to give consent for the adoption and termination of his parental rights.

Im still not so sure that you are presenting the complete facts in this issue, as reading between all the different posts you have made, your personal emotional involvement doesnt quite 'fit'.

Carrie

I'm sorry to make post on different forums, one post in this forum triggered a question. Since my stepson is saying is last name is that of the cp's boyfriend, what if she was trying to change it what would happen. And since it wasn't a child support question, I fiqured I'd post it here.

 

[betterthanher]

My post must have been confusing, as the point I was trying to make was that in my case, I was told that I needed my ex's permission to terminate his parental rights. And no, I was in California at that time, which is a different state than the OP, which is also why I was saying 'in my case'.

Let's cut the song and dance here...the fact is you gave WRONG LEGAL ADVICE when you stated this:
"If she has sole legal and physical custody of the child then yes, she can change the childs name without consent of the father, in court... "
That is dead wrong -- regardless of how it worked for you. It's clear there is some important information you are not including. But it doesn't matter...this is not YOUR thread.

 

[CarrieT]

But it doesn't matter...this is not YOUR thread.

No, its not. I was asked specifically by zephyr HOW I knew. I answered specifically HOW I knew. That is very different than pirating anothers post, as you well know.
Carrie

 

[usmcfamily]

In the state of Alabama (and all other states to my knowledge, despite CarrieT's continued insistence otherwise) BOTH legal parent's DO havea say in the name change:

Alabama Law Summary - Minor Name Change
Must the parent(s) of the minor agree to the name change? The parents, and legal guardian, if any, must file written consent to the name change or proof of service must be filed with the court showing that the child's parent(s) or legal guardian were served with summons and a copy of the petition. The summons must advise the parent or legal guardian of the date and time set for the hearing.

The parent not consenting to the Petition has 30 days from the date of service in which to file an objection with the court. The probate court will appoint a guardian ad litem to represent the child if a parent files a timely objection or if the court determines such appointment to be in the best interest of the child. Following receipt of the parent's response or upon expiration of the time for their response, the probate court shall conduct an informal hearing at which all interested parties may present evidence for determination of whether the name change is in the best interest of the child.

And, no, a name change would NOT terminate his rights

 

[graciousduncan7]

In the state of Alabama (and all other states to my knowledge, despite CarrieT's continued insistence otherwise) BOTH legal parent's DO havea say in the name change:

Alabama Law Summary - Minor Name Change
Must the parent(s) of the minor agree to the name change? The parents, and legal guardian, if any, must file written consent to the name change or proof of service must be filed with the court showing that the child's parent(s) or legal guardian were served with summons and a copy of the petition. The summons must advise the parent or legal guardian of the date and time set for the hearing.

The parent not consenting to the Petition has 30 days from the date of service in which to file an objection with the court. The probate court will appoint a guardian ad litem to represent the child if a parent files a timely objection or if the court determines such appointment to be in the best interest of the child. Following receipt of the parent's response or upon expiration of the time for their response, the probate court shall conduct an informal hearing at which all interested parties may present evidence for determination of whether the name change is in the best interest of the child.

And, no, a name change would NOT terminate his rights

Thank you, that's perfect, where did you get that info?