Legal Question in Family Law in Oklahoma

Name change

My children changed their name while i was paying child support to their mother, is this legal?


Asked on 9/04/08, 4:10 pm

1 Answer from Attorneys

Wayne Allison Allison Legal, LLC

Re: Name change

Not according to the Okla. Supreme Court case "Application of Tubbs" from 1980. The court said the court said a parent has "a claim to the continued use by the child of the surname by which it was known when the parents were divorced." This holds as long as the father's parental rights have not been terminated; and even if the father is not the custodial parent.

The question in the Tubbs case was whether the non-custodial father was given proper legal notice of the mother's legal action to change the child's name; i.e., if you weren't given notice, you may be able to take legal action to un-do the name change. I would, however, suggest you get an attorney for this type of action.

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Answered on 9/05/08, 9:44 am


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