Legal Question in Family Law in Massachusetts
I reside in the state of Massachusetts. I have sole legal and physical custody of my son. His father has no visitation per order of the court. He has not paid child support or seen his son in almost 5 years. My son is entering kindergarten in September and has always assumed his last name was the same as mine. I would like to change his name to mine. Can I legally change it without fathers consent? I have a restraining order against the father due to violence. I feel notifying him will just put us at risk again. Please let me know what my legal standing is. Thank you
1 Answer from Attorneys
In order to change the child's name you need to file a Petition with the court. Based on the information above the Court may find that it is in the child's best interest to change his name.