Legal Question in Family Law in Massachusetts
Name change of minor child
was never married to my son's father, he later on went to court to ask for paternity to be established and a visitation schedule. This was all granted. My son is now 14 months old and has always had my last name. I am having another child with my new husband and wanted to change my son's last name to that of his stepftaher, myself and his new brother. He never had his biological fathers last name and the issue was never brought up in court by his father. Will a judge allow me to change my sons last name to that of his stepfather even though his biological father is opposed just because he does not want me to be happy
2 Answers from Attorneys
Re: Name change of minor child
As the child has your last name, the court is likely to allow this, even over objection of the father. However, the father by DNA --and-- judgment of the court doesn't stop being the father, regardless of last name. One hopes that he is a good father.
: Name change of minor child
If there is a paternity order, the court may require an assent from the father.
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