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Can I change my child's last name without his father's consent?

Huntsville, AL |

I was never married to my son's father. I do not receive child support and my son does not see his father. The father is now in jail, most likely going to prison for multiple drug charges. Can I change my son's last name without consulting his father being that he isn't supportive?

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Attorney answers 1


You probably would need the father's consent to change the son's name. If the father was ever adjudicated (or judged) to be the father you would definitely need consent. If the father was not previously judged to be the child's biological father and there is some doubt as to who the father is, then you might not need consent. A court would be likely to say that it is against public policy to change a child's name without the father's consent if the father is known and can be located.

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