If I am divorced and have sole custody of my 16 year old son, do I need his father’s permission to change myhis last name?

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If I am divorced and have sole custody of my 16 year old son, do I need his father’s permission to change myhis last name?

Asked on August 5, 2011 Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Generally speaking, you can not change his name without the consent of his Father.  One would have to look at thedivorce agreement to read what it says. When you say sole custody do you mean sole physical custody, sole decision making custody - what.  Unless his rights are terminated as a parent then you really have to either get his consent or give him notice of your intention so that he has the opportunity to object.  You would probably have no problem hyphenating your name with your son's father's name but I do not think that is what you want, correct?  You should bring the agreement to an attorney or call your attorney for the divorce and ask.  Good luck. 


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