My ex wants to change our child’s last name from her maiden name to the last name of her new husband.
Because I am the father, does she need my permission to do this? I still pay court-ordered child support regularly.
While I am not licensed to practice law in your state, I can give some general guidance on this issue.
In order for a legal name change to occur, typically, the parent trying to change the child’s name must ask the court’s permission first. Also, a petition for name change must be filed with the court.
When a petition for name change is filed with the court, it is usual for a notice of the hearing to be published in two local newspapers, showing the date and time of the hearing.
Further, the person requesting the change must show proof of publication of the hearing. Then, at the hearing, the court will listen to any objections about the name change.
Therefore, if you oppose the name change and the mother has complied with court rules about publication, you will be given the forum in which to object.
Please keep in mind that this is for a legal name change and not for an informal or non-legal name change.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.