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?
2 Answers from Attorneys
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.
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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