Legal Question in Family Law in Utah
name change
I have a son and His mother and I did not get married, And we have agreed upon custody and visitation but we don't agree upon his last name. I want him to have my last name. I know I have to petition the court for a change. I was just wondering what the chances of the court deciding in my favor, before I spend alot of money in attorney's fees trying to get it changed. And if their is a chance I can get it changed what variables does the court look at in this circumstance.
1 Answer from Attorneys
Re: name change
If the child's mother has physical custody of the child your chances are not great. You will have to explain to the court why it is in the best interests of the child to have your last name.
If you go back to court for a name change, expect her to petition for more child support.
The court would probably permit the name change if you had physical custody. The court will consider that it would add confusion to the child's life to have a last name which is not the same as his mother's.
Your child support should follow the guidelines set forth by the Utah Supreme Court - which takes into consideration the income of both parents, child care, insurance etc. If you are not inconformance to those guidelines or reasonably close your "girlfriend" can take you to court at any time for an adjustment.
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