Legal Question in Family Law in Nevada
I have full custody of my son but he has his fathers last name and i would like to change it to my last name. How would i go about doing that, and do i need the fathers permission?
2 Answers from Attorneys
You will have to petition the Court and it would be assigned to the divorce judge but you will have to file a new case. He or she will also require you to serve a notice to the boy's father. If you need help, email me.
I do not really know what you mean by "full custody." The results could vary significantly, depending on the facts.
As to the question you asked, the legal standard was set out by the Nevada Supreme Court about 20 years ago:
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Magiera v. Luera, 106 Nev. 775, 802 P.2d 6 (1990) Out-of-wedlock child; district court's order to have dad's name put on birth certificate reversed where parties had never been married, dad did not pay support until wages garnished; only question is best interest of child; dad not entitled to "tangible benefit" for finally paying support; burden is on party seeking name change to prove by clear & compelling evidence that the substantial welfare of child necessitates a name change.
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But if you are doing what you are considering doing because the father is no longer on the scene, either for monetary or emotional support, you have a range of options from reducing arrears to judgment (see the Child Support page of our firm website, at http://www.willicklawgroup.com/child_support) to Termination of Parental Rights (see http://www.willicklawgroup.com/termination_of_parental_rights).
If you decide you would like to discuss this with one of the attorneys of this firm, please take a look at our consultation policies, procedures, and costs, at http://www.willicklawgroup.com/consultation_policies.