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last names and actual custody questions

Oldmom's picture

Submitted by Oldmom on Sat, 02/27/2016 - 6:04pm

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General Discussion

So in the last 2 months my GDS have been primarily in my son's care. The baby (4mths) has spent 1 overnight with his BM and the older boy (8yrs) about 10 nights with her. No custody orders yet but that will change soon.

Due to her desire to live with a known drug dealer, (was just arrested again Wed)we really want a restriction in the order baring the bf from being present if/when the kids are with her. Would that be unreasonable?

Also older boy, not my son's bio child wants to have the same last name as his brother and dad. If or once awarded primary custody should he be able to file to change the boys last name? Would he have to notify the boys bio father even though he abandoned the boy at birth?

notsurehowtodeal's picture

Submitted by notsurehowtodeal on Sat, 02/27/2016 - 8:56pm

In my state no adoption is necessary for a name change. The non-custodial parent must sign a form giving permission. If the parent cannot be located, a notice must be published in the paper. If there is no response to the notice the name can be changed.

It would probably be a good idea to check with an attorney in addition to looking up the state law.

stepmasochist's picture

Submitted by stepmasochist on Mon, 02/29/2016 - 9:06pm

My DH paid CS for his SD for 3 years. He's the only dad she's known and when BM filed for CS, he didn't contest it. When he got custody of his kids, she was included and her name was later changed via court order, no adoption.