Your wife cannot change your children’s last names without permission regardless of the custody provisions of your separation agreement or judgment. You parental rights and responsibilities don't end with a divorce, in fact the court encourages your continued involvement.
This is not legal advice and is not intended to create an attorney-client relationship. You should speak to an attorney for further information.
I agree with Attorney Mason. A court would ask, "what best interests of the child" is served by changing the child's last name? I do not know what arguments mom could present other than 1) I want to make it clear that I am the "winner" of this divorce litigation and 2) I would like to alienate the child from his biological father!
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Absolutely not! The children have an identity and if you object, I do not believe that a court would order a name change. Not only have the kids been disrupted due to the divorce, now they won't even know who they are (slight exaggeration). Stand firm!
Best of luck!
Valerie Semensi @ 781.383.1940
If you object to the name change then she cannot change the children's last name. However it is important to make sure you object to her petition to change their last name.
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