Legal Question in Family Law in Massachusetts

Can I change his last name?
My son has my maiden name since birth. His father is not listed on the birth certificate. A year after he was born I got married to another man. My son is now seven. His biological father just started last year paying child support through the court. I want to change my sons last name to match my husband and other childrens. However the biological father said no and to keep him with my maiden name. Only a couple times a year for minutes at a time does my son see his biological father. My husband has taken care of him. Can I still do a name change if he wont consent?

Asked on 2/27/09, 9:51 am

2 Answers from Attorneys

Gabriel Cheong Infinity Law Group

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Re: Can I change his last name?

How is the child support being paid? Is it being paid directly to you with no court intervention? Has there ever been a case for paternity or an acknowledgment of paternity signed by the real father?

These are all very relevant questions.

If the real father has no legal relations to this child, then yes, you can go and change the child's last name. However, the child is already 7 years old and his current last name is part of his identity. What if you divorce your current husband in the future? Then your child will have a last name of someone who he's completely unrelated to.

What is wrong with having your last name?

Answered on 2/27/09, 10:13 am

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