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


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.

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