Legal Question in Family Law in Louisiana
Child name change
I have a 10 year old son who has my maiden name. I am not married to his father but I do get child support some times. I have been married now for ten years to my husband and my son wants to have his last name. Can I have his name changed since their is no father on the birth certificate and there is no custdy issue. The state did put his real father on child support but we have not been to court for any thing else so I have full custody. Help please
1 Answer from Attorneys
Re: Child name change
The only way you can get a name change legally is to get the father's permission. There are some cases that his permission is not needed as listed under Louisiana Revised Statutes Title 13 Section 4751 (2) (R.S. 13:4751 (2)). The reasons for not needing his permission are any of the following:
**(a) The other parent has refused or failed to comply with a court order of support for a period of one year.
(b) The other parent has failed to support the child for a period of three years after judgment awarding custody to the parent signing the petition.
(c) The other parent is not paying support and has refused or failed to visit, communicate, or attempt to communicate with the child without just cause for a period of two years.**
So, there you go. If there is "NO JUDGMENT ORDERING CHILD SUPPORT" then he would have had to pay no support AND have not visited or communicated with his child for a period of 2 years.
I am doing just this with my daughter and granddaughter, so I am familiar with what is required.
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