I want to change my sons last name. to his step fathers last name. his biological father does not see my son or anything

Asked over 1 year ago - Chicago, IL

me and his stepfathers are not married but hes been there since he was born and he wants full custody of my child and my son is 2 years old and his father and his girlfriend are trying to make my life mayhem with their ignorant name calling and the ghetto nasty behaviors
what can i do to save my sons future and make sure he's safe

Attorney answers (5)

  1. Gary L. Schlesinger

    Contributor Level 20


    Lawyers agree

    Answered . your bf will not get custody of your child since your child lives with you. if you and the bf get married, then you could file an adoption to terminate the rights of the biological dad.

    i doubt a name change will work with you not married to the bf. if you are married, do the adoption.

  2. Judy A. Goldstein

    Contributor Level 20


    Lawyers agree


    Answered . A name change is a court proceeding and will not solve your situation. Your bf cannot get custody if the biological father is still in the picture.Name calling is not a basis for a name change and a name change will not ensure your child is safe. Based on the few facts presented,. it is not even possible to determine what if anything can be done. Perhaps an adoption would be possible if you married your bf, but that is also unclear, Please consult in person with an attorney who is experienced in this area of law. You are fortunate that there are many in your area.

  3. Peggy Margaret Raddatz


    Contributor Level 20


    Lawyers agree

    Answered . Your boyfriend will not get custody of your child and the court will not give your child the Bf's surname. If you get married the BF can adopt your child and then he can get his name. It is a legal process that must be done correctly. If the biological father does not agree there will be a hearing. He will need a lawyer to represent him. Consult an adoption attorney.

  4. Brian Michael Radke

    Contributor Level 13


    Lawyers agree

    Answered . See a family law attorney to address your issues. It can be very complicated. You can only change the child's name if the biological father receives notice and consents to the change. If he objects to the change you must prove to the court that the name change is in the child's best interests. If you are looking to change the child's name to your boyfriend (who you refer to as the stepfather) which you are not married to, it will likely be an uphill battle with little chance of success. However, without A LOT more details it would be hard to say for sure.

    This response shall not be construed as specific legal advice and does not create an attorney-client relationship... more
  5. Sara R. Howard


    Contributor Level 15

    Answered . Based on the way you have worded your question, it appears that you want to give custody of your 2 year old to his step-father (but you are not married to this man). Simply filing for a legal name change will not do this and will confer no legal rights to any other person. I am assuming that you do not want your parental rights terminated in favor of this other person. The best way to accomplish what you want is to proceed with an adoption. In this way, the parental rights of the biological father would be terminated (either by his consent, or by the court determining, based on evidentiary fact that he is unfit whereby his consent would not be necessary) and the 'step-father' would legally be the adoptive father of your son. While it is not necessary that a couple be married to adopt a child, it is generally preferable and the court will give weight to this in making a final determination as to whether the adoption should be granted. Because I see the solution to your problem to involve adoption, I have taken the liberty of edititng the category for your question. Please feel free to contact me if you have any further questions, or if I can be of further help.
    Sara Howard

Related Topics

Child Custody

Child custody involves decisions about who will be responsible for a child, including parental rights, for both married and unmarried parents, and adoptions.

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