How much time has to pass with no contact by my ex before I can change my son’s last name?

My ex and I were never married. He does not pay child support and I don’t receive assistance. However, my son has his last name. He has not seen my ex in over a year but my ex’s name is on the birth certificate. Can I get it changed after a year or so without my ex being contacted?

Asked on September 20, 2012 under Family Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The father of your child under the laws of all states needs to be advised of your desire to change your and his son's surname. He can either sign a stipulation prepared by a family law attorney to allow such and if not, you file a petition with the court for a name change of your son.

All interested parties have to be served with the petition and you will be required to publish the request as well weekly for about a month in a stated newspaper per a court order. Once done, then the court makes a ruling on the request after reviewing any opposition to it. I suggest that you consult with a family law attorney about your desires and how such is to be accomplished.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.