October 2015 Moms

First born, change of LN

my sons dad now wants to change my sons last name to his....he served me with court paperwork asking for visitation rights and to give his son his last name. I agreed to both but he never did anything to change his last name. I don't know if I want my son to have his dad's last name now. I don't know why I'm having such a hard time with accepting it and agreeing to this. I have sole physical and legal custody of my boy can I say no and drop all of this? If I really want to??
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Re: First born, change of LN

  • Maybe not if you already agreed to it in court. I would bet that you can get legal advice by the minute at your local court house. Here in Florida it is a dollar a minute sold in 15 minute blocks.
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  • I would check with what's been filed in court, I'm on that boat but I actually want to drop my sons last name from his biological fathers to my own at least till I take my bf/dh last name (we have been together for 6 yrs so we are common law and to us we are pretty much ch husband wife). IMO I think you should avoid changing his last name specially now that the l.o is on its way there will be that confusion... Now if his father is present and a good father and deserves it, then that would change everything!





  • If you already went through the legal process and agreed to it, I'm not sure you can go back on it very easily (or without cost). If he isn't doing anything to change your son's name, I would also double check to make sure there isn't a statement in the ruling that establishes the locus of control as yours rather than your son's father (in terms of going through the name change process). If you aren't legally the one who has to do the actual changing of the name, perhaps you can just let it go and wait until your son's father makes a move. I'm not really sure of what the court proceedings entailed, so I don't know if this will pertain to you at all. In small claims court in our state, people have 10 years to act on a ruling, so he may have plenty of time to get it together.
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