Legal Question in Family Law in Massachusetts
Changing a child's name
I am not married and have never been married to my two year old son's father. At birth, we agreed that our son Christopher would have my last name, and have since split up. He now wants to take me to court in order to have Christopher's last name changed to his own. He sends me $32/week in child support and has weekend custody of Christopher. Will he be granted the right to change Christopher's last name?
4 Answers from Attorneys
Re: Changing a child's name
I doubt it. Moreover, $32 per week is a very low child support payment. The issue is what his income is and what you income is now.
If the father income has increased since the birth of the child. you could seek a modification of the support order.
Good Luck.
Re: Changing a child's name
A Probate Court Judge will determine whether it is in the child's best interest whether his son should have his last name.
You should retain an attorney to petition the court to establish Custody, visitation and a support order consistent with the child support guidelines which should result in an order in excess of the $32 you are receiving now. Good Luck and Happy Holidays.
Re: Changing a child's name
It is highly unlikely that the Court will allow a name change over your objection. I would say "it will never happen," but one chance in a billion is not the same as "never."
He pays a whole $32.00 weekly? Is this a court-ordered amount? If not, perhaps you should go to court and get a more appropriate child support amount.
Re: Changing a child's name
The father can petition the court for a change of name for your child, however he must prove that it is in the child's best interest that his name be changed. You can object to the name change and state your reason as to why it would not be in your child's best interest.
I would also recommend that you seek an increase in child support, if the $32 per week was not court ordered, you should file what is called A complaint for support, custody,and visitation with the probate and family court in your county.