My drug addict father petitioned to have our sons last name changed. He almost 3 years old and he just started catching up on CS

Asked almost 2 years ago - Worden, IL

We have not spoken or seen each other for over half of his life, and left me a week into my pregnancy. He has been a drug addict and I have cared for the child 100 percent. He has always been between 1 and 2 thousand behind in CS. We also have police reports and texts to prove. Please tell me this is not possible to change his last name to his when he has hardly ever been apart of his life. He also claims he is going to take my son from me...this cannot be possible?

Attorney answers (2)

  1. Judy A. Goldstein

    Contributor Level 20


    Lawyers agree


    Answered . Child support arrearages have no bearing on name change. The father has to prove it's in the child's best interest that his name be changes. You must defend this action in court. Although you have many good defenses, the best way to present you case is to be represented by an attorney. Likewise, it is highly unlikely that the father can take your child from you but again - be prepared with a lawyer in case he files for custody.

  2. Gary L. Schlesinger


    Contributor Level 20


    Lawyer agrees

    Answered . your father or your child's father?
    this is the man you chose to be the father of your child. if he was an addict, you made a bad choice.

    as to the name change, the child's father has to convince a judge that the name change will be in the best interest of the child. hard to do with a three year old.

    we do not have enough facts to tell you if the father can take the child from you. go see a lawyer about that.

    is this man legally the father? he must be if there is a child supt. order.

    again, you chose him. we did not. we cannot make him into a perfect dad now or ever, however you define perfect.

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