Legal Question in Family Law in Massachusetts
change a minors last name
I have two daughters. their ages are 9 yrs old and 7 yrs old. They have their fathers last name. We were never married but he is on their birth certificates as their father. I want to change their last names to my last name. One of my daughters wants to also. The father and I have not been together for a few yrs now and he has not contributed finiancially to them since then. I also do not allow for my daughters to see him since he has his own legal trouble and may face jail time. He and his family has not been there for them these last few yrs. My family has helped me raise my daughters and I feel they should have the last name of the family who supported them throughout the yrs. I called Family and Probate court and they told me all they need is a notorized letter from the father giving permission. I called their father and he initially said yes but a couple weeks later when I called him agian he changed his mind and said no. Is there any other way? Should I get a lawyer?
2 Answers from Attorneys
Re: change a minors last name
Since the father of your children does not want them to change their name, perhaps he is now willing to pay child support. You may consider asking him that! Sincerely, Maria Murber
Re: change a minors last name
Except for Social Security, you can pretty much use any name you want for yourself and your children as the custodial parent. If there is a court order granting him joint legal custody, there might be an issue, but it would be up to him to raise it by taking you to court.
If you want to legally change the children's name, you will have to petition for a name change, give the father notice by serving him with a copy (by constable or deputy sheriff), unless he accepts service before a notary, and having a hearing in which he can raise his objections. Since he has had no involvement with the children, I doubt a court would have a problem with allowing it, but I can't guarantee that.
While you should not use this issue to extort child support, if you go to court, you should ask for child support. The obligation to pay child support is for the children, not you, and you have a legal duty to seek their child support, especially if you do not have unlimited funds.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
