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Bio son wants to change his last name to my spouses

Shake.it.off.'s picture

I have read a lot of horror stories of Exes so I think my situation may be pretty minor compared to some. I empathize and feel sorry for many of your situations, and after reading so many experiences I feel like there may not be hope for my situation. My spouse and I have been together for almost 5 years, and I have two younger children of my own. 7 and 9. My spouse is great with them, he is a good "step father" even though we do not refer to him as step father as my ex spouse is very involved with our kids and we just have a mutual respectful agreement. My spouse and MY EX get along great! Actually- to great sometimes as he has even invited my ex to come play on his baseball team Monday nights. Needless to say, a healthy situation at the least. I am not friends with my ex's girlfriend due to infedility on their part- hence why our relationship ended, but I am very civil, and polite and I don't feel I cause any problems between them as I was bitter at first but over time I forgave them and I have completely moved on with my life- their life is none of my business is how I feel, just my kids are. This is were it gets complicated..

My spouse was re connected with his son13 last summer(9 months ago) My spouse was not dating BM when son13 was conceived, it was a short lived fling that lasted about two weeks as per my spouse said he was young, 19 and he was in party mode. However they agreed to terminate the pregnancy, BIO mom left town and came back almost 2 years later with a baby boy and said" This is your son". My spouse was currently in a relationship with a women at that time which lasted 8 years, and during that relationship BIO mom tried to cause all sorts of problems. She ended up getting really mad and stopping access to my spouse when their son was about 2 years old, and she ended up dating two men during that time which she had their son call DAD, and she eventually got pregnant with her boyfriend and had his baby, and they got married and she took bio son and moved far away leaving my spouse with absolutely no access for over 8 years. He tried to go to court, but really they just slapped bio moms hand and she lived 12 hours away that my spouse just got fed up and stopped trying.She sent him emails stating he was a terrible father, his family was dysfunctional and she wanted her son to have no contact with ANYONE. My spouse is bull headed, and he told the BIO mom he would support his son, but would not follow her ridiculous expectations which in the end left him without contact. My spouse ex girlfriend who he was with for 8 years, had two children of her own 5 and 6 who my spouse helped raise. One of the reasons bio mom was furious was she did not want her son around step kids. To this day my spouse still cares for his step kids, who are not 18 and 19, and step kids mom is very kind and friendly(even to me) there has never really been any issues with her she moved on maturely. Once Bio mom has come back 10 months ago, she has tried to get my spouse to be with her in mischievous ways, wants him to feel sorry for her as her marriage fell apart, hence why she asked my spouse to reconnect with his son-she financially needs the help and she even admitted this to my spouse one time during an argument. She does not want my children around bio son. She does not want me involved. She does not want my spouse dating she even said" you need to focus just on your son not any girlfriends or your exes kids, your son needs to be top priority and when he is there nobody else should be at your house unless its YOUR family". My spouse and I live together, we were just MARRIED BEFORE she and their son waltzed in. She was angry to know we were trying at one point to have a baby, which fell through, I ended up becoming pretty stressed out so it obviously was not meant to be she said " well I hope you know what your doing and your not going to shove your son to the side now, you shouldnt be having anymore kids anyways" and she said it very rudely. She also has contacted all my spouses siblings personally and has asked them to see her son regularly as she states she wants ALL of my spouses family ( brothers, sisters) to have full contact with her son and for him to be apart of the family as much as possible ( I found it ironic she wants this now, after she spent 8 years putting them all down and said they were no good drunks to be around her son) BIO mom even has her own mother calling my spouse and my spouses mother to complain. Complain about not enough child support (400$ a month for several years) and that my spouse is not being the greatest dad, to her expectations, and also that my spouses step son and daughter are often over to visit and stay during spring break and christmas break, BIO mom hates that, she states that my spouse only needs to focus on their son and nobody elses children. My spouse takes his son every weekend, he puts him sports which his son ends up quitting after the 3 rd time, and he takes him camping, we went on a little mini family vacation which bio mom was pissed about, but my spouse said, "well everyone is coming and if your going to keep son13 back its your fault, not mine but were still all going" she did end up letting him go in the end but pretty much because the son really wanted to come.
Bio mom wants her sons last name changed to my spouses last name. Which is obviously no big deal. My spouse is thrilled. Here's the odd thing about it though, My spouses last name legally is his MOTHERS maiden name per his parents not being married when he was born (1983) there fore he has his mothers last name which starts with a " W" My spouse and 3 of his siblings all have their mothers maiden name, and after the 3rd sibling was born- the parents got married and the last two (sisters) have their fathers last name which starts with an "H". However, my spouse and his 3 brothers in highschool used both last names, "W" and "H" but more H during their sports - all three brothers were pretty popular in highschool ( all one year apart) and they played on an all star team for several years with baseball which used fathers last name"H", and when they played sports in school such as football. Basically everyone in highschool new them as the " H BOYS" so BIO mom also knew my spouse as "H" but did not know his legal last name is actually" W", and as all the brothers are grown adults they use " W" last name, both brothers kids also have "W" as last name, and our baby would also be a "W" and I am a "W" and so on. WELL when son13 said he wanted his last name the same as his fathers, my spouse automatically expected "W", his legal last name, OUR legal last name, our unborn childs last name ect..but BIO mom told son13 its "H" and thats what hes changing it to, son13 even went on Facebook and changed his last name to "H" and bio mom was telling everyone (her friends) their last name is "H" just like his dads. I chuckled when I found this out because here is this big deal to have "dads last name" yet it isn't even his last name legally, so here all of us have "W" and his bio son is going to have "H" all because "H" is more popular name back in the day and she wants her son only aknowledged as "H". It completely beats the purpose in my opinion, anyhow all this info just happened like 2 weeks ago, so my spouse said he was going to tell her that his legal last name is not "H" its "W" and he has no plans on changing it. BIO mom is going to be surprised. Which got me thinking, when she registered their son at birth I wonder what last name she used for my spouse on the fathers info!?!

Shake.it.off.'s picture

I never thought of that. Legally I don't know how bio mom would of been able to use " H" under the last name of the father, because of legal purposes, anyone could just go and put any name therefore. My second guess is that my spouse is not on the birth certificate, and it is something I have never asked him or even thought to ask him until now. I dont even think he has ever even thought about it.

Shake.it.off.'s picture

I did ask my spouse this evening. He says that the bm would have to know his legal last name is "W" because it was on court documents and also each month she receives money from a maintenance that was set up years ago by BM and they decided what his child support payments should be, which is $410.00 or something like that per month and he receives every year the amount he has paid in child support for that year and it is a legal document with his legal last name on it I have seen it once, because he owed back pay for the first year he did not even know his son existed so the courts made him pay back pay which was over $4,000.00 and in all fairness I thought that was pretty low of the bio mm AND courts that they would make him pay the back pay when he had no knowledge the son was born. However, family courts are not always fair

Shake.it.off.'s picture

The reason why it is long because it is a unique situation that I felt all facts needed to be added in order to make an opinion.

Shake.it.off.'s picture

I do not want my children to change their last name. This is not about my children, it is about my spouses bio son who is 13 who has is mothers last name from birth and wants to change it to his fathers name after meeting him last summer.

Shake.it.off.'s picture

I am not meaning My bio son, I am meaning my spouses bio son who is 13 years of age. I am not changing my children's last name. This is about my spouses son who he just met less then a year ago, and the sons mom wants him to have my spouses last name.

ldvilen's picture

beaccountable is correct on both of these points. Legally, you can't just up and change your kid's last name to your current husband's, and also re: It is amazing to me how disposable fathers are.

A little story regarding my husband's ex- trying to change her children's last name to her then husband's. My husband noticed his children's homework had the last name of her then husband's vs. his. Kids stated something like, "Mom is thinking about changing our last name." Yes, mom was thinking about, but not dad. But, yes his ex- did think it was her decision alone if she wanted to change their children's last name. I'm sure she figured she was in this blissful marriage with her new man and just figured she more or less owned them and could do as she pleased.

Hubby and I did some quick checking into it, and quickly realized that pretty much the only way the kids' names could legally be changed was if he/ dad/ my husband relinquished all of his rights and ex's new husband adopted them. As soon as we found that out, we knew it wasn't going to happen and it didn't. We didn't even need to call her out on it.

Anyway, to make a long story short, fast forward 11 years ahead and his ex- and her 2nd hubby are getting a divorce. Ex- went back to her maiden name and my husband's kids have his last name, of course, as they should. What a mess it would have been for these kids if they had their last name changed to new hubby's name. They would have had some guy's last name that 11 years later, they no longer had any connection to whatsoever. Sometimes the legal system is smart.

I'm not saying any of this to make a dig. Just letting those know who may have this thought how easily paradise can fall apart and cause issues that no one saw coming down the road at the time.

Shake.it.off.'s picture

I do not want to change MY bio kids last name to my spouses. I did not mean to word it as my bio son, but as my spouses bio son who is 13. He just met him last summer, and the mom is pushing my spouse to have STEP SON 13 last name changed to my spouses last name however not my spouses legal last name but his last name he used in highschool.

Shake.it.off.'s picture

I would not let my children change their last name. However, BIO mom is wanting SON13 to change his last name to his fathers.

Rags's picture

WHITE SPACE..... PLEASE! PARAGRAPHS!

On the surface it is no big deal that your DH's son wants his dad's last name. However, he needs to shred the POS narsisistic, manipulative, wast of skin womb donor. Zero quarter, etc... he needs to get her ass in court and beat the shit out of her for every infraction, etc... and he needs to forcibly exorcise the shallow and polluted end of his son's gene pool by puting that skank in the poor house and in prison if possible.

Grrrrr!

Shake.it.off.'s picture

well I completely understand what your saying, she is a headache so I do not disagree however it will not solve the issue at hand. Jail is not an option as a judge would never look at this as a charge on her part. The courts felt sympathy for her at least 10 years ago they did. The fact my spouse did not pay $3000 and take her back to court when she withheld access the second time, is his fault and a judge would question why he never took legal action and waited so long.
I know another man who is going through the same thing, and see's his kids regularly and bio mother was pissed off and with held his daughters since christmas and hes been in court twice since CHRISTMAS and the judge just keeps telling the mom" The father has a right to see his kids" and does absolutely nothing to enforce it. The father has spent quite a bit of money on his lawyer too, however the judge did just tell the mom she owes the father his child support for the past 5 months that she withheld his daughters. She has yet to pay a dime according this man we know. SO it is just a little discouraging. Also my spouses BM has no intentions or plans to withhold their son, in fact she pushes the son on my spouse constantly and enforces a relationship and has her own expectations on how it should look and my spouse just ignores her and she has yet to withold access, now that the kid is 13 it is kind of hard.

Shake.it.off.'s picture

Sorry for the confusion and miss understandning. I was NOT meaning to change my biological childrens last name to my husbands. Not at all, I would never do that. I was meaning MY SPOUSES biological son "SS13" is what I should of wrote. Then I wrote about the Mother wanting the last name changed to my spouses HIGHSCHOOL last name he used which is not his legal last name. There was confusion, and I apologize as I obviously wrote it out wrong.

Shake.it.off.'s picture

Sorry for the confusion and miss understandning. I was NOT meaning to change my biological childrens last name to my husbands. Not at all, I would never do that. I was meaning MY SPOUSES biological son "SS13" is what I should of wrote. Then I wrote about the Mother wanting the last name changed to my spouses HIGHSCHOOL last name he used which is not his legal last name. There was confusion, and I apologize as I obviously wrote it out wrong.

notsurehowtodeal's picture

This is not a case of a "disposable father." OP's DH has a bio son he just recently reconnected with. DH's bio son wants to change his last name from BM's to DH's and BM is all for it. Except son and BM think DH's last name is one name and it is actually another. This has nothing to do with OP's kids changing their names to match DH's.

People can change their names to anything they want. So your SS could change his name to your DH's "nickname" last name. In my county both parents have to sign off on it for a minor to change their name.

If DH wants to let SS change his name, then he can sign off on the papers. If DH doesn't want him to change his name he can stop it by refusing to sign the papers. I don't see where it is DH's responsibility to make sure BM knows which name is his legal last name. He should probably make sure SS understands.

not2sureimsaneanymore's picture

^^^This.

I think it only matters if DH is okay with it. And he should mention that BM is thinking of the wrong last name.

not2sureimsaneanymore's picture

This is pretty much our story right now, except we're in the phase before having any contact. DH's kid has BM's last name, BM is crazy and contact was shut off due to her expectations--scary it includes that no one but his family can be around (as in, his mom, brother, and sister in law--so me, his wife, and our daughter are not allowed to be around) and they can have full access but must exclude us.

DH said no thanks. I don't know if SS would ever want to change his name to DH's last name, but I feel it may be possible because we're only having two daughters and DH will be the last of his line as far as their family last name goes.

Shake.it.off.'s picture

I am sort of happy to hear someone has a similar situation as of mine. It is frustrating. My spouses SON13, mom does not want me or my sons around, but unfortunately for her my spouse ignores those expectations but does not mean he does not hear about it often BM says stuff like " How come your going to HER sons baseball game" "How come HER sons have to be there this Saturday, go spend some time with your OWN son" stuff like that, regularly. I feel so helpless. Pissed off most the time. My spouses son13 also feels the same way as she does, except he doesn't voice it as hostile as she does. SS just tells BM how he feels, and BM goes off at dad. My spouse notices this to, and has commented before. The fact My spouse has not had a relationship with his son for over 9-10 years, until last summer, it is a HUGE adjusting to. I was happy for him at first, I also felt the BM probably has changed, and is more mature now after 12 years. Wha irritates me the most is the fact BM waltz into my spouses life- and MINE, and starts demanding things, expecting stuff from my spouse, and I feel My spouse has to ANSWER to her and this is literally, some "random" women. I can't even express my anger to this, a random women who he had no "relationship" with, who he never had a "family" with, never " had a home/lived with" and she feels she has ALL the control now because she birthed his son and she has more rights then I do or something. She has even voiced this to a certain point. Then she took my spouses son away when he was 3 and put down his entire family, put down him, and said his family or him was not good enough to be in her sons life, so all these years she voiced that opinion. Until now, until 10 months ago and NOW she brags to people who her sons dad is, and thinks my spouse is a great guy/dad now, and pushes for her son to be in his life take his last name NOW, after all these years, and also wants to make sure everyone in his family has a relationship with him now and I just find it sickening. Its one thing to want your son to have a relationship with his father- I know as a BM myself, but I would never enforce, demand certain things happen a certain way. I also would never call my ex's mom or siblings to demand things, infact my sons don't ever see their paternal grandmother or aunty, ever, only at CHRISTMAS time. HA. Yes I am a little upset about it, but I don't or would not do anything about it. If they call me to arrange something great, I would smile and politely come up with arrangements. Do I feel mad at them, all the time, but I do not push anyone to have a relationship with my sons if they do not want that .