Full question:
I have full custody of my 15 yr old son. His father has no visitation at this time but continues to occasionally pay child support via garnishment of his wages. He has not notified me of his new address or phone number and he has made no attempt to contact us in four years. My son and I wish to change my son's last name to match my married name. Can we do my son's name change without the fathers permission with this minor packet?
- Category: Name Change
- Date:
- State: Massachusetts
Answer:
If the father's parental rights haven’t been terminated, he has the right to be notified about the name change petition. This allows him the chance to object. If you cannot locate him, the court may allow notice by publication in a local newspaper, which can substitute for actual consent.
According to Massachusetts law (G.L.c. 210, § 12), the probate court in your county can hear the name change petition. The court will generally approve the name change unless it conflicts with public interests. Before granting the change, the court will request a report on the petitioner and typically require public notice of the petition (G.L.c. 210, § 13). Anyone can voice their opinion on the petition. The court will not issue a decree until you file a copy of your son’s birth record and any previous name change documents, unless the judge determines that these cannot be obtained.
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