The bio dad was never in the picture. My sons are going to be eight .ive been with my husband for almost eight years. I want to change his last name because I two more kids with my husband they have his last name, but he doesn’t and his getting to that age of asking questions my sons doesn’t know that my husband is not his father need help how to change it but don’t where to start I live Dallas tx The bio dad is not in BC My sons has never seen his bio dad My husband raised him since he was 4months.
You’ll need your x to approve and sign rights
I would call and ask them. It may be different now bc an absent parent is just that. But then you would go to social security office. Pretty easy.
Check your local court for family law forms. There are usually change of name forms available. If bio dad has legal decisionmaking rights, his consent is ordinarily needed or you have to motion the court, but if stepdad is the main caregiver, consider terminating dad’s parental rights and allowing stepdad to adopt him.
You have to file for adoption of the child and the bio has to sign off no matter if he’s in his life or not. Talk to a family law lawyer or just go down to the courthouse family division and ask. My husband adopted my children over 20 years ago and we changed their last name
I would suggest honesty and then have husband adopt the child.
Adoption is possible even without birth fathers consent due to abandonment laws.
Contact a family law attorney for the most accurate answer to your question.
But, honesty first…your son is asking questions so he deserves to know his “real” dad that’s raised him is not his bio dad. Real dads are the ones present…real dads aren’t always the bio dads.
Get permission from bio dad and have your husband adopt them probably need a lawyer
If hes not on the bc your husband can 1 sign as the father or 2 adoption. I did this a year ago. But be 100%. I got married changed kids name and now a year and some later leaving my husband
If he isnt on tge birth certificate your fine
I went to the court house they told me what to do. I paid 800 for it all to be done. Didn’t need baby daddy there told the judge the truth he wasn’t around and he didn’t pay child support. Along with he kept saying our daughter wasn’t his. He granted the name change.
I had to go through a whole ordeal in my state of ND . First had to serve bio , then he never signed so had to go for abandonment but since I was not married yet had to get married first then serve for signing off again still never signed so served again for court , he never showed , so finally after then being married go to court for having my now husband to adopt my Son. I would assume since your married it would be less of a big ordeal you’d just have to have your now husband and you to file for abandonment and adoption of your husband. It could get costly so be sure you have a good attorney, and when you sit down with the attorney do it all in one and make sure to have it all ready in one shot .
If bio dad is on the birth certificate, then yeah you probably have to go through the steps of him signing over his rights and then your current husband would have to adopt him. But I would probably hold off on the name change. If the kid brings it up, then sure. But if it’s something you want to do to “avoid questions” that’s not helping anybody but yourself
Social security office can help you with that.
It will depend on which country and even state you live in
You have been lying to your child his whole life, you had better hurry up and be honest with him or its not going to end well.
My mom claimed she didnt know where my bio dad was so they contacted a lawyer and put in a ad in the newspaper,after 30days no response so they went forward with an adoption to legallly change my last name. Btw I’m in florida
Time to tell the kid why his name is different
Be honest with him thats all he wants to know so just spit it out because im going through the same thing with my grandchild because im raising him & if he starts acking im telling him the Truth because if u don’t & he finds out on his own HE WILL NEVER TRUST U AGAIN.
Your son is old enough for u to sit him down and tell him about his bio father. He does need to know. But u can also tell him that his “daddy” the only one he has ever known wants him to be his for real. The only reason I say this is if something medically happens as he gets older ur husband will not be a blood match or anything and that will cause all new problems. If the bio dad wants nothing to do with him then he can sign his rights over. Talk to a lawyer for sure. Do this the right way. Good luck!
I told him if he ever needed anything even talk not hold it n and he started talking about his mom & grandpa & thats good for him to release his emotions instead of hold them n and being angry.
Did bio dad sign the birth certificate or proven to be the dad in any court documents.
If bio dad didn’t sign and y’all weren’t married, it’s more simple. You and the real daddy, get to sign papers and file a change of name.
Sounds like you never let the bio dad know. Stop being selfish
Obviously many on here have never had a child with 1 parent not wanting to be in the picture. If bio dad is not on the birth certificate just go in with husband and petition to change his name. If your child ask why his name not the same just tell him you guys weren’t married yet when he was born so he has your last name!! If bio dad hasn’t bothered in 8 years, he won’t ever bother!! Your goal is to keep your child happy!!
Ask the probate court what your options would be
I just hope that some nosey busybody doesn’t feel the need to tell your son “the truth” before you get the chance to. I cannot stand ppl like that
Better tell them when they small. I promise you you wont be sorry… Pls do it… Im now 55 and have medical issues. And have no idea where i come from. Its really important… Pls do it…
If bio dad isn’t interested and you can legally change your sons name to the same as the rest of you then do it, but I would still sit him down and tell him the truth about his bio dad.Like you say he’s at the age where he’s asking so be honest with him and tell him. Explain you haven’t told him sooner as he wouldn’t of been able to understand. Then give him a choice which is his own as to wether he wants to still change his name. Good luck cxx
You should be ashamed for lying to your son his entire life. On FB asking for advise when you already know your wrong. Tell the truth cause right now all your thinking bout is yourself. How do you expect your son to grow up and be truthful with people if his own mom lies to him. SMH
It doesn’t matter if the bio dad is in the picture or not. You have to have the talk. Then keep reassuring him with love. Family is who raises you, with love. If you keep it a secret it will cause many issues down the road. Do you know how many ppl find out the truth through genetic testing these days? Be honest, answer questions and just be there for him. The adoption will mean a lot to him. He may want to meet his bio father one day. That’s okay too. His choice when he’s older.
legally you cannot change his name without consent of dad( unless deceased and you have to have proof ) and it has to be done by a lawyer.
Call your local court house and they will instruct you.
In PA it is a hasstle to do. $1000 It’s not as simple as you would think with a minor. Several steps need to be taken prior to court. Although if you go through the process and bio dad doesn’t show up in court they will grant you the name change.
Don’t listen to what others say. I’m sure you feel your protecting your son and will eventually tell him the truth when the time is right. Nobody knows your back story.
I tried that and they wanted permission from the deadbeat dad in order to do it😳
Time to tell him the truth!
Who’s name is on his birth certificate
Tell him and as for name change, that is an adoption issue and you need an attorney. Each state is different, asking people can create trouble (legal ones) stick to lawyers for help, that’s what they are for. You should ask a kid before assuming they want the name, that creates more issues you don’t want to deal with.
You will need the bio fathers permission usually. If you can’t find him or he doesn’t want to you will have to go to court.