Legal Question in Family Law in Pennsylvania
childs last name
i have been tryin to get my sons father to sign to change his last name. he is making it difficult and refuses. my son is 4 1/2 last time he saw his father was 6 months old. he has made maybe 5 child support payments and has been in and out of jail. Also has drug abuse problems. i live in pa i need help please
2 Answers from Attorneys
Re: childs last name
You should be able to file a "contested" name change petition. Give dad notice and he can appear and tell the Judge why the name should not be changed. If you get married, or are married you should look into an adoption by your new husband. Your son's name can be changed in the adoption.
Re: childs last name
Yo asked about changing achild's name.
I agree with my colleague. In addition you can simply start using the desired name for the child. There are actually very few circumstances where the child's legal name needs to coincide with his known name. You can even sign him up for school with his chosen name.
The key is that your intent is not to defraud anyone. As long as that is the intent and actuality then anyone can use whatever they they wish, except for very narrow legal circumstances, and even then there are arguments where a persons name is what they cose and not necessarily what is on any "record."
Nevertheless it is a situation that needs to be addressed legally, but you can go ahead and use the name you choose until you can sort out the legal.
By the way, if you have full legal custody the other parent's consent should not be necessary.
Regards,
Roger