Divorce Magazine.com reports that 8.1 percent of American households are made up of unmarried partners. Further, 37 percent of children are growing up without both biological parents. What these statistics will show is that many parents are raising kids that have a different surname. NOLO, a website founded by legal aid lawyers, explains that courts traditionally grant fathers' rights to allow his children to keep his last name, especially if he's an active dad. If you believe it's in your child's best interest to go by a different surname, you can petition the court.
Step 1
Submit a petition. You will need to contact your town's family or county court. You should be able to obtain the proper forms from your county clerk's website. A name-change petition simply lets the court know that you are submitting an application for the judge to consider your request.
Step 2
Acquire permission from your child's other biological parent. The law will vary from state to state, but generally, you cannot change your son's last name unless both parents give consent. The parent will have to sign and date an affidavit agreeing to the name change. In most cases, you will need to get the affidavit notarized.
Step 3
Make a certified copy of your son's birth certificate to file with your petition. You can obtain a copy of his birth certificate from your state's Department of Health if you don't have one already.
Step 4
File your documentation. In some states you will be required to appear in front of a judge to state your reason for changing your son's name. Most states also charge a fee to file name-change documents.
Tips and Warnings
- Name change laws differ from state to state. Althiugh many guidelines are similar, you will need to research your state's individual laws and specifications. Changing your child's last name will not affect the rights and duties of either biological parent regarding visitation, child support and inheritance rights. NameChangeLaw.com provides individual state requirements for legally changing someone's last name. You can also download a kit that includes instructions and necessary forms from your state for a fee. Check your state's official website for information about fees, advice and other resources.
- If you retain a lawyer, be sure that she is a member of the American Bar Association.
Things You'll Need
- Name-change petition
- Certified copy of your son's birth certificate
- Name-change fee
