Legal Question in Family Law in Nevada

I am a newly married mother of a 6 year old son, I would love to change his last name to my new husbands last name and so would my son. His real dad is never around and doesn't talk to my son at all, but I don't think he will let me do this without a fight. How can I do the name change without paying a fortune.?


Asked on 8/01/10, 6:51 pm

1 Answer from Attorneys

Marshal Willick Willick Law Group

There is only one Nevada case strictly about the minor child name change statute:

.........................

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.

.........................

As to the money, you can go through the self-help center and attempt to file the papers on your own without counsel, and see if you get any opposition. For those that wish to attempt self-representation, forms are available at the Clark County self-help center website, at http://www.co.clark.nv.us/district_court/self_help_center.htm.

Read more
Answered on 8/07/10, 11:38 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Nevada