children's names

[donna b]

I live in New Jersey, I am divorced. My three children have my ex-husband's last name. Their father has supervised visitation, but refuses to see them. They have not seen him in 8 months. I do not see any visitation changes occurring. I would like to know if I could have the children's last name changed to my maiden name. What would the procedure be and would this be costly.

 

[Ukiah]

I live in New Jersey, I am divorced. My three children have my ex-husband's last name. Their father has supervised visitation, but refuses to see them. They have not seen him in 8 months. I do not see any visitation changes occurring. I would like to know if I could have the children's last name changed to my maiden name. What would the procedure be and would this be costly.

I'm not too sure what the laws are in New Jersey, but in Cali, if you choose to change the children's names, you must first petition the father with the consent to change names of his children (regardless if he has seen them or not). You must also go to court to give good reason why.

If I am wrong the legal guys will correct me (I'm sure of it).

Why would you want to change their names? Do they have a problem with their last name? Why can't you keep your last name the same as thiers?

 

[donna b]

reply

I would like to have their name changed due to their fathers family's legal history. Their father has been convicted of DUI 4 times, he has two felony indictments. In April thier uncle was charged with weapon charges, drug charges, attempted murder and just last Friday, December 22, he was charged with manslaughter for the death of his girlfriend. There are many other charges and reputations associated with this name that I do not have the time to go into. My son bears the same name as his father except that he is a junior. I feel as though there are too many illegal happenings in this family and I personally would not keep the married name. Anyone who knows of this name associates it with trouble. I would feel horrible if my children are stereotyped as trouble. I raise my children the best that I can. I have none of the troubles that their side of the family is experiencing, nor do I drink or use drugs. I do not want my children to have a reputation that they certainly have not earned, or for them to have to prove that they are not "bad news". Thank you very much for your reply, and I must ask, would I be able to fight this in a court?

 

[Ukiah]

Re: reply

I would like to have their name changed due to their fathers family's legal history. Their father has been convicted of DUI 4 times, he has two felony indictments. In April thier uncle was charged with weapon charges, drug charges, attempted murder and just last Friday, December 22, he was charged with manslaughter for the death of his girlfriend. There are many other charges and reputations associated with this name that I do not have the time to go into. My son bears the same name as his father except that he is a junior. I feel as though there are too many illegal happenings in this family and I personally would not keep the married name. Anyone who knows of this name associates it with trouble. I would feel horrible if my children are stereotyped as trouble. I raise my children the best that I can. I have none of the troubles that their side of the family is experiencing, nor do I drink or use drugs. I do not want my children to have a reputation that they certainly have not earned, or for them to have to prove that they are not "bad news". Thank you very much for your reply, and I must ask, would I be able to fight this in a court?

Depending on the ages of the children, they may be able to speak for themselves in court. The Judge will decide if the children want this themselves, or if they were coersed into it. You should get an attorney to help you with the guidelines in your state to do this.

Good Luck.

 

[Mandi431]

Similiar Situation.....

I am currently experiencing a similiar situation which is the reason for my logging on to this site. I wish you the best of luck and hope we both get the answers we are looking for. You needn't explain your reasons to anyone though. As a constant in our childrens lives, who raise and give birth, it should be our right to have our children with the same name. But, be careful as to how old they are. If they want to keep the last name that they have it may be difficult for them to change their minds. You don't want them to struggle with their identity, possibly if things do not work out for you, you could move to another area where the name is not so reknowned. At the age of eighteen they themselves will be able to decide. This is only advice and support.... Good Luck!!!!