Legal Question in Family Law in Pennsylvania

Name change instead of adoption?

My question is that my wife had a son before we met and now that we are married can we change his name to our new name his father has had no contact with him ever but has his last name.do we need consent from him to do this or not and any other information would be helpful.


Asked on 2/20/02, 9:20 pm

1 Answer from Attorneys

Gerald Hershenson Law Office of Gerald M. Hershenson

Re: Name change instead of adoption?

You should consult legal counsel. A father's parental rights can be terminated by court order especially where there has been an lack of exercise of parental obligation and exercise of parental rights. If a parent is successful in challenging the termination of parental rights in an adoption proceeding, he would have to pay child support. If there the adoption is approved by the Court there would be no obligation to pay support. A name change still would require notice to the parent, but the obligation to pay support would continue. These matters are quite complex emotionally and should be reviewed by competent legal counsel to determine the correct approach. If I can be of any assistence please call at 215-5799390 or write me with more detai. Good luck. Gerald Hershenson Esq.

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Answered on 2/20/02, 10:12 pm


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