How can I change my son's last name to match mine?

[chrisnpooh]

McHenry County, Illinois

My oldest son is now 11 years old. He has my maiden name and has never had his bio-father's name. His Bio-dad is not on the birth certificate and hasn't seen him since he was 6months old. We did have a paternity test and it was postive and he was deemed to pay child support but never has and he moved to Florida to avoid paying child support, now I don't even know where he is. Anyway, since then I have been married and have two more sons, so now my oldest son is the only person in my whole family (extended too) that has this last name and he really feels like the outsider. What I need to know, it's been a dream for a while of his, is how and if I can even have his last name changed to my married name. Please if anyone has info please let me know. Or if I were to get a lawyer involved, how much that would cost me?

Thank you.

 

[Isis1]

McHenry County, Illinois

My oldest son is now 11 years old. He has my maiden name and has never had his bio-father's name. His Bio-dad is not on the birth certificate and hasn't seen him since he was 6months old. We did have a paternity test and it was postive and he was deemed to pay child support but never has and he moved to Florida to avoid paying child support, now I don't even know where he is. Anyway, since then I have been married and have two more sons, so now my oldest son is the only person in my whole family (extended too) that has this last name and he really feels like the outsider. What I need to know, it's been a dream for a while of his, is how and if I can even have his last name changed to my married name. Please if anyone has info please let me know. Or if I were to get a lawyer involved, how much that would cost me?

Thank you.

you cannot change the child's last name until DAD is contacted and the court ordered such.

when was the last time dad talked and/or seen the child? the last time ANY amount of child support was paid?

 

[Ohiogal]

you cannot change the child's last name until DAD is contacted and gives his consent.

when was the last time dad talked and/or seen the child? the last time ANY amount of child support was paid?

Actually no. Dad must be served but HE does NOT need to consent. The court can order the name be changed if it is proven to be in the best interest of the child. That could happen in this situation.

Are you considering a step parent adoption OP?

 

[ecmst12]

I was going to mention that, if biodad has abandoned him and stepdad wants to adopt, a name change could be part of the adoption.

 

[chrisnpooh]

Actually, the last time I saw his father, Christian was probably 6 months old. He hasn't paid child support, and I have no idea where he is living now. I know he was in Florida for a while, even served prison time for drugs and some sort of abuse charge. I had heard he then was in Wisconsin for a time but moved from there and I have no clue where he could be now?

 

[chrisnpooh]

Oh, and I almost forgot. I looked into my husband adopting Christian but the lawyer I talked to told me that it would cost 5 or more thousand dollars and I just don't have that.

 

[LdiJ]

Oh, and I almost forgot. I looked into my husband adopting Christian but the lawyer I talked to told me that it would cost 5 or more thousand dollars and I just don't have that.

Consult a local attorney about the possibility of changing the child's last name. Unless you are able to locate dad you are going to have to serve him via publication, and that generally is not a DIY project.