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My sons father wants to change our sons last name to his just because "hes paying child suport" can he do so?

Bristol, CT |

I'm the custodial parent and since given birth to my son now 5yrs old I chose to give him my last name. Now after 5yrs my child’s father wants to change our son’s last name to his!? He said the reason he now wants to change our child’s last name is because he’s “paying child support” witch has been ordered by the court of CT so he feels he should have his last name... but he’s never really been there for our child! He signed the birth certificate and legal papers with the Department of Social Service and he acknowledge to the lady at the DSS office our child’s last name was mines because that what I chose at the time of our child’s birth and it was on the papers he signed. SO CAN HE CHANGE OUR SONS LAST NAME TO HIS EVEN IF I’M THE MAIN CUSTODIAL PARENT????

Attorney Answers 2

Posted

Father would have to comply with Sec. 9-24. Change of Name by Minor Child which states: In all proceedings for change of name under General Statutes § 52-11, brought by a minor
child through his or her next friend, the parents of such child, not named as next friends, shall be necessary parties and shall be cited in, in such manner as shall be ordered by the court or a
judge thereof. That means you would be a party to any such case, and be able to give the reasons cited above as to why your son should not have his name changed. If Father brings an action to change your son's name, I suggest you contact a local attorney to review your options. Best of Luck to you.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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Posted

I agree with Mr. Lewis. A petition to change the name of an adult can be brought either in Probate Court or in Superior Court, but a complaint for the change of name of a child comes under the Superior Court rules (Practice Book Section 9-24), which give both parents an opportunity to be heard on the petition.

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