Legal Question in Family Law in Virginia

My husband and I are divorced and I have full legal and physical custody of our 3 yr. old son. When we filed for divorce I asked to have my last name changed back to my maiden name and the judge granted me my maiden name back. My question is my son has the same first and last name of his father and I want to know if I can have his last name changed to the same as mine (my maiden name) and/or his first name changed as well. My son's father has no contact with him and never has he has only seen him 2 or 3 times since he has been alive and that was in court he doesnt ask to see him or anything. My ex-husband is constantly in trouble over drugs, stealing, etc.. and in and out of jail, he is actually on 2 years active probation right now. My concern is that when my son enters school if he has the name he has now teachers and students both will put together who is biological father is and judge him and treat him different because of who is biological father is. Also, I have a daughter of my on who carries my last name and my son is already at 3 questioning me as to why his name is different from mommy's and sissy's. He doesnt even know who is biological father is. I only want what is in the best interest of my son and I feel carrying his biological father's last name will only cause hurt to and for him.

Thank You,

Amanda Prater


Asked on 3/14/10, 12:14 pm

1 Answer from Attorneys
Robert Beard Attorney at Law

Your circuit court has the authority to change the child's name even if the father objects, if the court finds that the name change would be best for the child. The father would have to be given legal notice of the request and an opportunity to object. The final, and only opinion that really matters, is that of your circuit court judge, but it seems to me that you have stated a case upon which a judge could order a name change.

You can file for a name change without a lawyer, but in this case I would strongly recommend that you get one to represent you.

Read more
Answered on 3/19/10, 12:52 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Virginia