Legal Question in Family Law in Utah
can i legally change my son's name to my new married name?
When my four year old son was born, I gave him his father's last name, not mine. Now that I am re-married and his father is not in his life,but is in prison, I would like to use my new married last name for my son, too. Can I legally change his name or use my name for him without approval of his biological father?
1 Answer from Attorneys
Re: can i legally change my son's name to my new married name?
You can file a petition to change your son's last name to your new married name and the decision will be up to the judge. If your ex has "abandoned" your son, through non-payment of support or lack of visitation, his parental rights can be terminated and, if you and your new husband are so inclined, your new husband can adopt the boy.
Termination of parental rights for your ex is also termination of any support. Generally, if parental rights are not terminated the courts are hesitant to allow a name change, however in your case I think that your chances would be good. Call if you have any questions.
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