Legal Question in Family Law in New Jersey

Can my son's last name be changed without adoption by my current husband

I have a 12 y.o son by a

previous marriage. His

father has had no contact

with him since 4 months

of age (his choice), he

sometimes pays his

monthly child support

and frequently relocates

without informing us. I

recently remarried and

my son would like to take

my new husband's last

name. My husband is

fine with this , but does

not want to adopt him.

Can I still change his

name? And do I have to

get his birth fathers

permission even though

he has no custody, no

visitation and has never

been a real part of my

son's life other than

sending an occasional

child support check?


Asked on 12/31/07, 1:21 pm

2 Answers from Attorneys

Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Can my son's last name be changed without adoption by my current husband

Why won't he adopt? At some point, your new husband will likely be considered his psycholocial parent anyway (i.e. he would have to pay child support in the event of divorce) and there could be serious estate issues if something were to happen to you.

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Answered on 12/31/07, 1:36 pm
Gary Moore Gary Moore Attorney At Law

Re: Can my son's last name be changed without adoption by my current husband

You must serve the father with notice of your name change petition filed with the court. His permission is not mandatory; his silence would make the name change very simple.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 12/31/07, 1:37 pm


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