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How can I obtain child support or terminate parental rights across state lines?

How can I obtain child support or terminate parental rights across state lines?

Q: Is it legal to keep your ex-husband's last name?

Yes, it is legal to keep your ex-husband's last name after divorce. You are not required to change your name back to your maiden name or to your new spouse's name upon remarriage. The choice is entirely personal, and many individuals keep their ex-spouse's surname for various reasons, including family continuity.

Q: How does a divorced woman get her maiden name back?

A divorced woman can typically regain her maiden name by requesting it in the divorce decree. If this wasn't done, she can file a petition for a legal name change in her state. This process usually involves submitting forms to the court and may require a hearing. Once approved, she can use her maiden name legally.

Q: Can a woman take back her first husband's name after divorcing a second husband?

Yes, a woman can take back her first husband's name after divorcing her second husband. She would need to follow the legal name change process in her state, which may involve filing a petition with the court. This allows her to revert to her previous name legally.

Q: What happens if I don't change my name after divorce?

If you don't change your name after divorce, you will continue to be known by your married name. This is perfectly legal, and many individuals choose not to change their names for personal or professional reasons. However, if you wish to change your name later, you can go through a legal name change process in your state.

Full question:

I am currently divorced and remarried. I have a son from my first marriage who bears my maiden name. His father showed up three years ago and just found out that he does not have his last name. He stated that he wants nothing to do with him. I do not have a court order for child support nor will he come to town so that I can get one. What must or can I do to either get him to sign over his rights or get child support, and must he be present due to the fact that we are in two different states? I also do not have a current address, only a cell phone number.

Category: Divorce
Subcategory: Child Support
Date: 04/07/2025
State: South Carolina

Answer:

To modify child support or terminate parental rights, you will need to file a petition in the family court where you reside. In South Carolina, you can seek child support at any time, even without a court order, by filing a petition. If the father lives in another state, South Carolina's laws allow for interstate enforcement of support obligations under the Uniform Reciprocal Enforcement of Support Act (URESA). This means you can initiate action for support in your home state, which can help bypass the need for him to be present.

For child support, the court will typically require you to show a significant change in circumstances to modify any existing orders or establish new ones. If the father has abandoned his parental responsibilities, you may also pursue termination of his parental rights. This process requires you to demonstrate that termination is in the child's best interest, which can include factors like abandonment or failure to support the child.

In South Carolina, the family court has exclusive jurisdiction over matters related to child support and termination of parental rights (S.C. Code § 20-7-400). If you cannot locate the father, you may be able to serve him by alternate means, such as through publication, depending on the court's rules.

For further assistance, consider consulting a family law attorney who can guide you through the process and help you understand your rights and options.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can I keep my ex-husband's last name if I remarry?

Yes, you can keep your ex-husband's last name even if you remarry. There is no legal requirement to change your name upon remarriage. Many women choose to retain their ex-husband's surname for personal reasons, especially if they have children who share that name. However, if you decide to change your name, you may need to go through a legal name change process, depending on your state laws.

Is it legal to keep your ex-husband's last name?

How does a divorced woman get her maiden name back?

What is it called when a divorced couple remarry?

When a divorced couple remarries, it is commonly referred to as 'reconciliation' or 'remarriage.' This situation can occur when both parties decide to rekindle their relationship after their divorce. The legal process for remarriage is similar to that of a first marriage, requiring a marriage license and compliance with state laws.