Changing name after establishing Paternity

[cdurham81]

What is the name of your state (only U.S. law)? Kentucky

I'm not sure if any of you guys remember me posting on here a few months ago, but your advice helped alot. I'm not sure if this is the right board for this, so sorry if it isnt.

A DNA test has established that I am the father of my 1 1/2 year old son, Me and his mother have a hearing on the 7th next month, which I believe is just for child support.

Do I need consent from her in order to change his last name to mine?

 

[Proserpina]

What is the name of your state (only U.S. law)? Kentucky

I'm not sure if any of you guys remember me posting on here a few months ago, but your advice helped alot. I'm not sure if this is the right board for this, so sorry if it isnt.

A DNA test has established that I am the father of my 1 1/2 year old son, Me and his mother have a hearing on the 7th next month, which I believe is just for child support.

Do I need consent from her in order to change his last name to mine?

If Mom doesn't agree, you need permission from the court.

 

[Nevergrowup]

What is the name of your state (only U.S. law)? Kentucky

I'm not sure if any of you guys remember me posting on here a few months ago, but your advice helped alot. I'm not sure if this is the right board for this, so sorry if it isnt.

A DNA test has established that I am the father of my 1 1/2 year old son, Me and his mother have a hearing on the 7th next month, which I believe is just for child support.

Do I need consent from her in order to change his last name to mine?

Of course you need her consent. Why would you think otherwise? A positive DNA test doesn't mean you just do whatever you want now. Have you motioned for visitation or do you already have it ordered? And in the case that she doesn't agree to change the name, which is likely, and you take it to court, then the judge may very well order it hyphenated. My daughter has a hyphenated name because Dad was insistent on trying to change it...she is now 17 and can't wait to turn 18 and change her name, she hates the hyphenation so much. You'd be better off trying to convince Mom if it is that important to you.

 

[cdurham81]

So I would need to file a petition for the name change, wait for either her yes or no, then ask the court rule on it?

I dont know if you can answer this or not, but what do they take into account for something like that? The name my son has, her name, is her step-dads. He adopted her so that doesn't make a difference.

 

[Proserpina]

So I would need to file a petition for the name change, wait for either her yes or no, then ask the court rule on it?

I dont know if you can answer this or not, but what do they take into account for something like that? The name my son has, her name, is her step-dads. He adopted her so that doesn't make a difference.

Her legal name is her legal name. He's not her stepdad if her adopted her - he's just her Dad.

So yes, you need to either file a stipulated agreement (if Mom agrees), or petition the court for the name change.

 

[Nevergrowup]

So I would need to file a petition for the name change, wait for either her yes or no, then ask the court rule on it?

I dont know if you can answer this or not, but what do they take into account for something like that? The name my son has, her name, is her step-dads. He adopted her so that doesn't make a difference.

Doesn't matter. My daughter had MY stepdad's name (who did not adopt me). She now has that name hyphenated with her dad's. But like Proserpina said, you don't file and ask HER for a yes or no...you either get a yes in advance, or petition the court to change it.

Your son is young enough that perhaps she'll agree...My daughter was 9, it was terrible. But hyphenation can be pretty rough on a kid, please keep that in mind too if your ex is really stubborn about it.

 

[cdurham81]

Of course you need her consent. Why would you think otherwise? A positive DNA test doesn't mean you just do whatever you want now. Have you motioned for visitation or do you already have it ordered? And in the case that she doesn't agree to change the name, which is likely, and you take it to court, then the judge may very well order it hyphenated. My daughter has a hyphenated name because Dad was insistent on trying to change it...she is now 17 and can't wait to turn 18 and change her name, she hates the hyphenation so much. You'd be better off trying to convince Mom if it is that important to you.

No, I haven't motioned for visitation. I just got the DNA test results back this week. Our support hearing is set for next month. I was told that the court preferred it if we could work out a visit schedule ourselves, so I'm gonna try to work something out with her this weekend instead of fighting it out.

 

[mistoffolees]

No, I haven't motioned for visitation. I just got the DNA test results back this week. Our support hearing is set for next month. I was told that the court preferred it if we could work out a visit schedule ourselves, so I'm gonna try to work something out with her this weekend instead of fighting it out.

OK, here's the deal, then. You need to focus on what's important and make sure that you're not fixating on something that isn't that important. Your negotiations will (hopefully) involve 'give and take' and if you insist on one thing, you may not get a deal at all - or get a much worse deal.

If you try to change the child's name over Mom's objections, you're likely to ruin any chance of getting a decent arrangement. Your top priority at this point should be working out visitation that allows you to have a relationship with your child and set aside all the non-essentials like what you'll call the child.

My ex could call our child Rumplestiltskin if it makes her happy as long as I got my time with the child.

 

[Just Blue]

So I would need to file a petition for the name change, wait for either her yes or no, then ask the court rule on it?

I dont know if you can answer this or not, but what do they take into account for something like that? The name my son has, her name, is her step-dads. He adopted her so that doesn't make a difference.

Huh?? Please clarify the bolded portion. Thanks.