Legal Question in Family Law in Maryland
Surname change of minor child
I have been divorced and remarried. I have a son from my first marriage who is 10, and now have two more sons with this marriage, 3 and 19 months. Custody of my 10 year old was granted to me(all major decisions affecting my child made by me, lives with me, etc.)with reasonable visitation to the father. I need to know exactly what reasonable visitation entails. I also need to if it's possible to change my son's birth surname to his new daddy's surname. My husband has been my son's father since he was 5 with minimal contact from his birth father through no fault of my own. My son has expressed how much he wants to have the same last name as my husband, myself and his two younger brothers to the point of tears. He thought that when we got married that he would automatically get his new daddy's name too. We have explained in depth that his name may be different, but my husband still loves and treats him as his own son, and the decision is his. He understands that his grandparents and birth father may be upset by the change, but he still stands by what he wants. He has been let down repetitively by his birth father and doesn't want to carry his name any longer. Aside from my husband adopting him, is there any other way?
2 Answers from Attorneys
Re: Surname change of minor child
"Reasonable visitation," like reasonable anything, is a matter of personal opinion and visitation orders that include the term are not very helpful. Most, but not all people would agree that reasonable visitation does not include visitation that interferes with the child's school or extra-curricular activities, visitation in any circumstances that endanger the child's health or safety (for instance visits in an unsafe building or, for an asthmatic child, visits in a smoke-filled home full of shaggy dogs), or the unexpected arrival of the non-custodial parent, after a long period in which no visitation was asked for, with a demand to take the child immediately for a two week trip to an un-named location. Most people would agree that it is reasonable to expect some advance notice of visitation plans, information about where the child will be, and for how long, and a phone number or other means of contacting the child during the visit. Since the court has not offered the details of a concept of reasonable, you can use your own judgment.
Regarding the name change, you can petition the court for a change of your child's name. If the father opposes it, he will have a chance to present his reasons to the court, and you will have a change to explain why it is in the child's best interest. I suggest you find a good lawyer in your area to handle this for you.
Re: Surname change of minor child
You can file a petition for change of name in the Circuit Court of your county. You will be required to advertise the petition in a local newspaper and probably to serve a copy of it on the bio father in case he wants to object. If he does, a hearing before a judge will be held. Since he's shown little interest in your son, chances are you will be successful.
As far as the definition of reasonable visitation, that's up to each family but a typical such schedule would be every other weekend, with some holidays and a period of summer visitation included. It doesn't sound like the bio father is really interested in this.
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