Legal Question in Family Law in Massachusetts
minor child name change
I was divorced this year and did not revert to my maiden name because I wanted my last name to be the same as my childs. My ex husband would not agree to hyphenate the childs name, although never brought up in court. I have sole custody, both legal and physical and there is no mention on my divorce decree that I cannot change the childs name. Do I have a right to do this without my ex husband agreeing to it through the courts?
2 Answers from Attorneys
Re: minor child name change
If you have both sole physicaly and legal custody then you do not need your ex husband's permission. You will need to Petition the court for the name change.
Re: minor child name change
I respectfully disagree with the prior answer. Unless the father's parental rights have been terminated after a full trial -- not the same as having no legal or physical custody -- your husband has the right to object to the name change regardless of custody, and must be served with the petition. You should and must go to the Probate and Family Court and petition. The court can rule against your request.
You CANNOT simply rename your child without court assistance and assent, because the birth certificate controls for now with schools, Social Security, and so on.
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