I want to change my son’s last name he has biological fathers who has really never been in the picture how do I go about this?
When I had my son me and my sons biological father weren’t together but still on speaking terms I gave my son his last name. He hasn’t seen my son since he was a month old and he’s 6 now but he never signed the birth certificate. Now I’m going to be married and I have a daughter with my fiancée and my son wants the same last name. My son’s biological father has been in prison for aggravated crimes for years. Can I change his name without the bio dad being involved ? And how do I go about it ?
I'm going to recommend that you speak privately with an attorney in your area about this. You want someone licensed in Pennsylvania as that's where you live, and someone who is familiar with name changes. Not everyone does them, and in some areas it is difficult to get your hands on the local procedural rules for names changes in your county. The procedure involves filing a petition to the county court (i.e. Court of Common Pleas). I did one for a mom and 2 children a year or two ago in my county, and I can't remember all of the procedures, but it did involve a petition, filing notice of the petition in the local newspaper making sure that the biological father received notice of the hearing, and for some of the group (maybe not the small children?) there was fingerprinting required as well as other requirements. If the father signs a consent to the name change, it should go more easily because, under most circumstances (maybe not in yours), the court will allow the name change if both parents consent, but not if one refuses, although the father's absence might change that. There are lots of procedural rules, and having an attorney's guidance will make things easier.
Another tip I will give you is that if you think it's a good idea for your fiance to do a step-parent adoption, the name change would be part of the package. Again, there are petitions and hearings involved, as well as giving notice to the bio father, but it's an option. Speak privately with a local Family Lawyer, and see what you decide is best.
I have a private practice with offices in Malvern, PA, however I can provide most of my services virtually. Nothing I have stated should be construed as legal advice. My answer is merely informational based on my experience. I am not your attorney unless you and I sign a representation agreement. For legal advice, please contact a local attorney for a private consultation. NOTE: I do not handle claims against online casinos or sports betting sites.
Yes, it’s possible. In Pennsylvania, you can submit a petition to the Court of Common Pleas to change your child’s last name. The other parent usually must receive notice of the petition (often through publication), but after this the court can usually approve the change. You can file a “Petition for Name Change” in your county’s Court of Common Pleas; many counties (like Lehigh County for example) provide self-help forms for name change petitions on their websites. These self help forms are widely available also from legal aid groups across the state.
You could also contact any Pennsylvania licensed attorney familiar with these types petitions to explain your facts in more depth, so that they can better handle this process for you after receiving more specific facts about your situation.
This answer is for general informational purposes only and does not create an attorney–client relationship.. Every case turns on its own facts, so it’s best to speak directly with an attorney about your options.
