And would i have to go to court?
Family Law Attorney
Unless there is an error on the birth certificate, you will need to go to Court. You will have to give the other parent notice of your request to change your son's name OR show the court that the other parent consents to the change/there is no other parent/the other parent has no parental rights.
Kristen DeWitt-Lopez of DeWitt-Lopez Law, P.C. may be reached at 602.263.3900 during regular business hours, or anytime by email at firstname.lastname@example.org. More information about Ms. DeWitt-Lopez can be found on her website at www.dllawaz.com. All of Ms. DeWitt-Lopez’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Kristen DeWitt-Lopez is licensed to practice in the State of Arizona. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.
If you want to change his legal name, then yes, you have to go to court.
If you found this answer helpful, let me know by clicking the "Mark as Helpful" button or "Best Answer" at the bottom of this answer. By answering this question, the Law Offices of Cathleen E. Norton does not intend to form an attorney-client relationship with the asking party. The answers posted on this website should not be construed as legal advice. The Law Offices of Cathleen E. Norton does not make any representations about your family law matter, but rather, seeks to provide general information to the public about family-law related matters. You should consult with an attorney to discuss the specific facts of your case. Thank you.