Can my kids change their last name w/o permission from their real dad who is a felon?

My ex-husband is a convicted DUI felon, who still pays child (or he goes back to jail), but does not see the children. One of the kids does not want to have anything to do with him, the other child can't decide. The children want the last name of my new husband of 7 years.

Does my ex-husband have any right to stop them from changing their name? Did he lose his rights when he became a felon? Asked by TheKidsMom 49 months ago Similar questions: kids change permission real dad felon Politics & Law > Law.

Similar questions: kids change permission real dad felon.

Yes, but.... to "legally" change the last name they have to petition the court. Your ex can appear at the hearing and make an argument against the motion. I'm pretty sure he has to be given notice of the hearing (at least, he would in my State, PA).

S status as a felon probably does not affect his "rights" in this instance, but that could vary from one jurisdiction to another. In the end the judge will consider the relationship between the kids and their Dad as well as their new family situation, as well as their age and maturity level. They are probably minors (?), so you'd have to file the motion on their behalf.

One element that's sort of vague here is why he doesn't see the kids. If he has nothing to do with of his own volition, it may be easier to prevail. If he's under some sort of court order to stay away, or if he wants to see them but you have prevented him by prevailing in a custody fight, this would also have an impact.

Many years ago when I was a law clerk for a judge in Philadelphia we had a similar case (without the felony element. ) The kids weren't making the motion, though. It had been brought by their monther who had a child with her new husband and didn't want her first kids to feel isolated by having different last names.In the end the judge didn't allow a total switch, but ruled they could have hyphenated last names.

That's just a "for instance", I cannot say how your situation would work out. WARNING - I would caution you to be very careful about one thing. I don't know the ages of your children, but you indicated that one of them is uncertain what to decide.

This could be a VERY precarious situation for that child. He/she may feel compelled to follow the lead of his/her sibling even though it contrary to what he/she wants. He/she may feel pressure from you (real or imagined, it doesn't matter) as well as your ex (to some extent.

) It's a potentially dangerous minefield for that child and it might be a good idea to have him/her talk to a therapist. (I hate suggesting that, I think in general people are not self-sufficient enough. However, where a child is concerned it could be valuable to have him/her talk to a disinterested party.

Be careful though to make sure he/she doesn't feel like this is happening because something is wrong with him/her. Maybe having both siblings talk to a therapist could asuage this. Besides, it might not be a bad idea for the other sibiling to get some things off his/her chest as well.

) Sources: My out of date legal experience.

Minor children require the father's permission to change last name In almost every state in America, none come to mind that are different but I might have missed one, minor children require the permission of the father in this situation to change last names even if he is a felon. Once they are 18, they can change their names to any name they would like to be called. It should also be noted that just using the new last name could be considered identity fraud should it occur without an accompanying court order to change last names..

Talk to a lawyer... Who specializes in family law. In most cases, the father will have to sign his permission for the kids and also you might risk your child support. Get a consultation with a lawyer to start this process.

This is a link to the forms your state courts need to get a name change, hopefully reading these through will help you... flcourts.org/gen_public/family/forms_rul... flcourts.org/gen_public/family/forms_rul... flcourts.org/gen_public/family/forms_rul... .

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Do I have to ask his father for permission to change his last name?

My daughter has my last name, do I still need permission from the real dad to change it to her step-dads surname?AUST.

I have full custody of my son. We was never married. Do I still need his permission to change his last name?

How can I find my real dad with out paying alot of money.

Can my ex change my childs first name without my permission.

I was never married to my child's father. Do I have to ask his father for permission to change his last name?

I cant really gove you an answer,but what I can give you is a way to a solution, that is you have to find the anglde that you relate to or peaks your interest. A good paper is one that people get drawn into because it reaches them ln some way.As for me WW11 to me, I think of the holocaust and the effect it had on the survivors, their families and those who stood by and did nothing until it was too late.