Can I change the name of my child if he is minor and in my custody?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I change the name of my child if he is minor and in my custody?
I have a minor son who is 19 months old and I am unmarried mother. The father was abusive and has a history of domestic violence; he does not help support the child. I am his sole supporter and guardian. I am applying for a name change. I have never been to court before so I do not know how to conduct the hearing and I need help in representing myself, my son and this case. I need to know the right things that I will need to explain to the court in order to follow through with the name change and conduct the case properly even if the father shows up.
Asked on May 15, 2012 under Family Law, Ohio
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Look at this form:
http://www.sconet.state.oh.us/LegalResources/Rules/superintendence/probate_forms/nameChange/21_2.pdf
Now, if there is no order of custody or visitation of the father then you will probably not need his consent. The general rule is that you need consent of both parties. Are you changing his name from his father's to yours? That could be a problem and you may have to give the father notice. You can probably add your last name to the child's with out a problem. Good luck.
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.