Can I Change My Child's Last Name to My New Married Name?

Question:  I have custody of my child, and we live in South Carolina.  The child's father lives in another state, and he pays child support and visits with our child.  Our child was given my maiden name as his last name when he was born.  I have remarried, and I now want to change the child's last name to my married name.  The child's father does not agree with my desire to change his name.  What can I do?

Answer:  Should you wish to change the child's last name, the child's father must be named as a party in the Family Court case seeking to do so.  If he objects, it is unlikely that the Court will grant your request for the change.  Also, you may want to consider the possibility that the father could counterclaim and ask that the Court change the child's last name to his name.

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Comments (36) Read through and enter the discussion with the form at the end
Jamie Dotson - September 15, 2008 12:13 PM

I am from Tennessee. I have full custody of my 6 year old son. His father has had almost no contact with him and has lived in Texas since I was 5 months pregnant. I did not put his father on the birth certificate. His father is currently serving 15 years in prison. I married last year and my son wants the same last name as his baby sister, step-father and myself. Can it be done? I so... how?

wendy - September 24, 2008 9:10 AM

My 18 year old changed her name to my married name. I have had full custody and other than support has never had contact with her biological father. I was told that by changing her name she is denying her father and relinquished her right to support. Is that true?

Lucy - September 25, 2008 1:46 PM

My son is natural from Brazil, but he is with me in NY since 2006. His last contact with his biological father was literatly more than 10 ago. Today, he is 13. When he came to NY, his father was still living in NJ. For about a year we tried so many times to contact him because my son wanted to see his father after so many years. But his father always give any excuse avoinding do meet the child. The father went back to Brazil aproximatly year ago without seem my son, not even a phone call. I have a very good husband, which have a great relation with my son. My question is: Are we able to change my son's last name and add my husband's name? My son wants that too. Is possible to do that without his biological father's permition? What do we have to do? Will be that change valid in Brazil as well? If not, do you know what we have to do to be valid there?

tersew - September 30, 2008 9:31 AM

I have an 11 yr. old son. At birth I gave him his father's last name. His father has been in prison most his life. I now would like to change my son's last name to mine. We were never married. He lives in another state. How can I go about this?

sherine - October 1, 2008 2:34 PM

i have a 6yrs old son.He has my maiden name now i'm married and i wanna change his name to my husband name his dad havent been around him since birth can i change it without his permission? i live in arizona how can i go about doing this?

sandi - October 8, 2008 7:50 AM

I was married 16 years ago to my husband, but I kept my maiden name. Can I still change my last name at the social security office with my marriage certificate? Or are there other proceedings I have to go through? I live in NJ.

Timeka - October 30, 2008 9:32 AM

My current attorney is unable to locate my child's father and I have not heard from him since August of 2008. If his name is not on the birth certificate and my husband wants to sign it am I able to change my child's name to his last name. Paternity has not been established, but he has his last name and we can't locate him, he is named as a party in family court.

John - November 4, 2008 11:03 AM

Hey there, my name is John and my wife was married before we were and had children in that marriage. The childrens' father has been in jail all of their lives, with nothing to do with the children, pays no child support and is in prison as we speak. We're in a totally different state due to my being in the military. Along with the children we would like to change the children last name to ours. Can we do this legally ? Does he have to be notified ? If so, can he stop it ?

John,

windy - November 13, 2008 5:31 PM

I have a set of twins, when born gave them their fathers name. We are not married & not together. i would like to change their last name to mine. Is this possible?? & how do i got about doing so?
thank you
windy

Joanne - November 29, 2008 10:18 AM

I want to change my name. I am married and took on my husbands name with my maiden name hyphened. I would like to go back to just my maiden name. How do I proceed?

theresa - December 3, 2008 3:29 PM

hello my daughter has her the person who is suppose to be a father last name. he has never given me a penny and i take care of her. can i change her last name to mine? THANKS!

Jennifer Portero - December 14, 2008 2:11 PM

Hi,
My sons father died when I was 3 months pregnant. I am married to a man that he calls dad and he would like to change his last name to ours. I have 2 questions. 1.How do I go about this since his biological father is deceased and 2. Can we do this without it affecting his social security.
Thanks,
Jennifer

nicole - December 23, 2008 1:04 PM

hello
my daughter is eleven months and she currently has my last name. her biological father was not around to sign the birth certificate. is there anyway i can get his name on the birth certificate now and give her his last name? if so, how do i go about doing this? i live in ms.

j - January 10, 2009 8:50 PM

My dagughter has an 8 month old daughter and the father has provided no care for her and has not seen her since she was 3 1/2 months old. We have no idea where he is. SHe has a court date for child support in March, which I am positve the daddy will not show. By then my granddaughter will be 11 months old. If she fills out a petition could she present it at that time to the judge?

stormy - January 19, 2009 1:41 PM

cAN I JUST AD MY NEW MARRIED NAME TO THE END OF THERE NAMES WITHOUT HAVING TO GO THREW THE FATHER?

Leena - January 23, 2009 10:53 AM

i have a 3 year old and her last name was hyphenated because her father and i had plans to wed but he walked out on us. he pays no child support and hasnt made any attempt to see her since her 2nd birthday. can i drop his last name so her and i and her baby sister all have the same lastname? how do i go about doing this?

natalie - February 10, 2009 10:25 PM

I am going to be married in september 2009, and would like to change my 4 year old childs surname to that of her new step father. I believe that her father would oppose, but he does not pay child support and does not see her. Can I go about doing this without his consent? If so, How?

Billy - February 21, 2009 7:11 PM

i had a child with my ex fiance and we gave my the child my last name at birth so her last name on her birth certifacate is my last name. well her mother just got married and wants to change my daughters last name to her new husbands last name. can she do that if i say no and do not sign the papers for the name change? will the judge grant the name change if i say no? i live in Anne Arundel County, Maryland.

kninea - March 21, 2009 8:05 PM

I have a daughter who just turned 5 yrs old. She has my madien name. I dont know who her father is. I want to know if my fiance can give her his last name, so that when we are married next fall we will all have the last name?

Janee - March 28, 2009 5:58 PM

I have a 6 year old daughter. Her biological father has been not been in her life. His name is not on her birth certificate. Some how his last name got on her social security card. I am married, and my husband has been raising her as his own since she was 1. Although her social security card say her biological dad's last name, she has always gone by my maiden name. We recently had a baby boy. She asks constantly for her last name to be all of ours. If her biological is nowhere around, can I change her last name? What do I have to do?

Lucy - April 12, 2009 1:53 PM

Did any one know what's the good reason to give to the judge to change mild child last name.
If my ex-huansband counterclaim and ask that the Court change the child's last name to his name.
What's should I do.
Please let me know.
Thank you!

DANNY - April 28, 2009 2:58 PM

i have a 5 year son that has my last name. his mother just got married and told me shes changing his last name to her married name can she do that. i pay child support n see my son every chance she gives me.and on my weekends..please give me some advise

dennis - May 11, 2009 6:20 AM

my girlfriend has two twins that have the fathers last name that lives two houses down and is not on the birth certificate. i told her there's know way the courts would allow her to change the childrens last name to mine especially without his concent because the goverment will try to track him down with a united states postal adrress or through internal revanue services to find him know matter what they will find him to veryify the concent the united states goverment will not let you change your childs last name as easy as most people think. So i hope that answers some of your questions

tabitha - May 25, 2009 2:15 AM

what if the child has the dads last name and vistation right but im getting merried and whould like to change to my soon to be husbands last name?

wendy - June 1, 2009 6:04 PM

my grandson by my daughters first marriage will be 10 in december, my daughter just got married last december 08, my grandson has voiced that he wants to chnage his last name to his moms name. he has seen his natural father about 3 times in the past year, he owes 1800. in back child support and keeps making excuses for not seeing my grandson, what if anything should my daughter do

Mercedes - June 8, 2009 6:26 PM

My daughter is 3 years old and her father and myself were never married but she has his last name. He never sees her and doesnt pay child support. I recently got married and my husband would like to adopt her and give her his last name. How do i go about doing this?

Amanda - June 9, 2009 4:37 PM

My daughter is 8 years old. The last time she saw or heard from her biological father was 5 or 6 years ago i got married when she was 3 in a half years old and my husband has been a wonderful dad to her he loves her like his own. Her bio-dad doesn't pay child suport,doesn't visit,or even call. My husband would like to adopt her and give her his last name. But we don't know how to even get started..Also she has my maiden name and her bio-dad isn't on the birth cert.

breanna - June 15, 2009 11:18 PM

Hi. I have a similar question to Jennifer from December. I can't see the answer to her question. My daughter's father is deceased. She only knew him til she was 4mo. old. I will remarry in August. She will be 4 in November. Can I have her last name changed to be the same as mine when we marry? Will this affect her social security benefits? If so, does a hyphenated name work the same?

Thanks!
breanna

Erica - June 22, 2009 2:14 PM

I have a 9 year old son whom has my maiden name, he has never seen his father and he does not even know who he is as, his father has wanted it this way, I have been married to my husband for 6 years and he is the only father my son knows, we would like to change his last name to be the same as ours, there is no father listed on his birth certificate, how should we proceed in Indiana?

heather - July 22, 2009 2:19 PM

i have a 4yr old son his natural father has had nothing to do with him since he was 5 months never paid a penny. i have been married to my husband since my son was 6 months old and want to change his last name from natural fathers last name to my married name or atleast my maiden name what can i do and can he stop it. there has not been a paterity test b/c he never had the money for it and if he really wanted it he would have by now. he has had a restraining order put against him that is now over but it was b/c he was verbally abusive and kept stocking me to scare me. wil that help the situation at all?

gemma - September 18, 2009 5:01 PM

I have a son who is 6 years old, he has my maiden surname and his dad was not named on the birth certificate as he did not turn up to register him.
His dad started to have contact with him when he was 2 years old.
My son sees his dad every other weekend.
I have recently got married and changed my surname to my husbands name, i also have another son with my husband who has his fathers name (my husband).
I would like to change my sons name to my husbands name (his step dad) so that we all have the same name.

Ivette - September 22, 2009 12:35 PM

I have a daugther who is 3 years old, she has her biological father last name, her dad never have contact with her and he never paid child support for her neither. I have a document, her father sign a paper giving me the custody of my daugther to take her out of Puerto Rico for medical treatment when she was 4 months old. Now I live in Florida and I get married almost a year ago, plus I never been married to my daugther father.What can I do to change her last name?

ivette - September 22, 2009 12:44 PM

I have a daugther who is 3 years old,she never recieve child support or visitations from him.He sign a legal document in a lawyer office in Puerto Rico where he give me custody of my daugther to take her out of Puerto Rico for medical treatment, plus I never been married with him. I get married in Florida almost a year ago and I been living in Florida for almost 3 years.What can I do to change her last name to my husband last name?

Bert Inman - November 30, 2009 12:06 PM

My wife just recieved custody of our son as his mother passed and no father available so now that my wife has custody how does she change is last name?

sheila stidham - January 17, 2010 7:49 PM

I was wondering since my sons biological father was deceased how would i go about changing my sons last name to my fiances, & having him adopt him?? Since hes deceased i dont need his permission right?? & how much does it cost & where do i get the forms?

Diana - March 3, 2010 11:04 AM

Mydaugter is 5years old.her biological father gave the last name but he Never took care of her..he stop seeing her since she was 4month I have a 4year old girl from my now husband and I want to know if we could put his last name he want to do this and so is she she go to school and use his last name for everything please help thanks!!

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