Legal Question in Family Law in South Carolina

Change Surname of Child

My Son lives with me in SouthCarolina, I am not married to his father and my son has my maiden name. Can I legally change his last name to my now married name ? His Father lives in another state, pays childsupport and has visitation rights. He does not agree with the change


Asked on 8/15/08, 9:19 pm

2 Answers from Attorneys

Ben Stevens The Stevens Firm, P.A. Family Law Center

Re: Change Surname of Child

Should you wish to change the child's last name, the child's father must be named as a party in that case. If he objects, it is unlikely that the Court will grant the change. Of course, the father could also counterclaim and ask that the Court change the child's last name to his name too.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.

Ben Stevens

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Answered on 8/17/08, 3:36 pm
David McKelvey David McKelvey, Attorney at Law

Re: Change Surname of Child

You would need consent of the father or it would need to be in the best interest of the child.

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Answered on 8/15/08, 10:58 pm


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