Legal Question in Family Law in Massachusetts

Child's Last Name

I had a baby and we decided to use the fathers last name. We were never married. The father became abusive towards me and I got a restraining order on him. He moved out of our residence in Mass. He is currently in Mass (somewhere) I want to change my baby's last name, to my last name.

How can I do this he will not agree.

Are there any laws, to help me legally change my child's last name?


Asked on 6/06/08, 5:26 pm

1 Answer from Attorneys

Gabriel Cheong Infinity Law Group

Re: Child's Last Name

You can change the child's name by filing a petition for name change with the probate court of your county. Since the father is not giving consent to the name change, you will have to notify him of the petition and also publish the petition in a local newspaper. The court will show you how to do all this.

Afterwards, the court will set a hearing date where you will appear to state why you want your child's name changed.

The court will have to consider:

1. The effect of the change of the child's name on the preservation and development of the child's relationship with each parent and other siblings

2. the length of time the child has used a given name

3. the age of the child as it may relate to his or her identification with the name

4. and the difficulties and embarrassment that the child may experience from bearing the present or proposed name.

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Answered on 6/06/08, 6:21 pm


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