Can I legally change my son's name to mine since he is not involved with his father?

Full question:

My son resides with me full time. His father has only seen him twice in six years. Is there any way to have my son's legal name changed to be the same as mine since his real father is not involved in his life?

Answer:

Requirements for Name Change Order: For an order of name change to be granted, the court must find (1) that the Petition is free of false material allegations; and (2) that the requested name change is not sought for an illegal or fraudulent purpose. A change of name upon marriage, dissolution, or divorce meets these requirements.

Must the child agree to the name change? No, but the court may consider the wishes of a child old enough to express their wishes in considering whether to grant the Petition.

Must the parent(s) of the minor agree to the name change? There is no specific requirement that the parent(s) agree to the name change. Their objections could be considered by the court in determining whether the Petition should be granted.

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

You cannot force your child to see their father if they do not want to. However, if there is a court order for visitation, you may need to encourage compliance. Courts generally prioritize the child's best interests, and forcing a visit could be counterproductive if the child feels uncomfortable.