Legal Question in Family Law in Illinois
My 14-year-old biological son wants to change his last name to be different than mine. He asked my permission and I told him when he was of legal age, he could make that decision. However, his mother is apparently encouraging it and paying for it. I am paying child support on him. If he changes his last name because he wants nothing to do with me and his mother supports this decision, can I petition the court to end the child support? I feel that if he wants nothing to do with me, he obviously doesn't want my money either.
2 Answers from Attorneys
They can not change the name without notice to you and an opportunity to be heard. I have never seen a court change a name without a father's consent.
Also, perhaps you should review your Judgment for Dissolution of Marriage and Parenting Agreement to see if this issue is discussed. What form of custody was entered? I agree with Jonathan that you must be afforded your Due Process rights to notice and a hearing.