We can help. (716) 849-5915 | Attorney Advertising | Disclaimer© 2015-2019 Phillips Law Firm, P.C. We can help. 6. If you are not the biological parents, in certain cases all may not be lost. Relevance. In most states, school and other legal paperwork MUST have the exact name as written on the birth certificate. Pros: There'll be … Hyphenating a child’s last name is still a pretty rare thing to do. See additional disclaimers here. Thus, to require the child to revert back to the surname given to her at birth … There is a general rule, however: the younger the child is, the more likely the last name will be that of the father’s. A judge may or may not grant a child's name change without the other parent's consent. How you decide to go about the process is, Many people in the United States hold only a partial understanding of what a prenuptial agreement is, the purpose of such a contract, and the. As a compromise, more courts are entertaining the … In that case the parent seeking the name cha nge has the onus to prove that the name change is in the best interests of the child. The judge hearing your case will change the name of your child if there are no reasonable objections and the best interests of your child will be substantially promoted by the name change. 14 Answers. I am divorced and have sole custody of my daughter. My child has the last name of both father and mother. However, they must account for their new, separate living situation and come to. The surname of a child may be changed by parents acting jointly or, after divorce, in the absence of any order of the court to the contrary, by the parent having custody of that child. Re: Hyphenating my child`s last name. One common factual scenario arising more often is where a parent has joint custody of a child and would like to change the name of the child to be hyphenated. N.J.A.C. The first way is to get the consent of the mother. Most states allow any name to be placed on a child's birth certificate. bw022. To get to the point, if this is REALLY IMPORTANT TO YOU --as hard as it may seem, the easiest (and maybe ONLY) way to give your child your last name is to MAKE UP and get back together with her. They decided to hyphenate. Your kid might be the only one in his class whose name doesn’t fit across the top of their cubby. . If a parent fails to follow a child custody order, it may be possible to take him or her to court to enforce the order. (with `in') … So, when a parent wants to move, it is usually necessary to get the court's permission first. Fathers should be aware that courts recognize their interest in having their children have their last name. Your legal right to change your child’s last name does not depend on your custody arrangement. If you’re an unmarried parent, we have an article that may help: Children of Unmarried Parents. Here are a few fun facts: 1. In both of these cases, the court must decide what parent gets physical and legal custody of the minor child. Firstly to apply to change a child’s name you must have legal custody the child. This word can be hyphenated and contains 2 syllables as shown below. . Read on for more information about how to petition for a child's name change when only one parent is asking for the name change. You can also ask a court to hyphenate your child’s last name so it includes both parents’ last names. Aspatore Books from Thomson Reuters Westlaw. 11,193 satisfied customers. Courts have continuing jurisdiction over child custody and visitation orders. Cons: Unless your child decides to incorporate the other parent's last name into his own child's name, ... You plan on giving baby that hyphenated last name. For example, if your last name is Smith and the mother’s last name is Brown, a judge could change your child’s name to Smith-Brown. I think you are asking if you must get the consent of the biological father to change your child's name to conform to the name of your husband. Check with your own state's bureau to make sure that your paternity affidavit is on file, which also is where you'll go to add a parent to your child's birth certificate. The hyphenated name will also be a reminder of the ethnic heritage of both parents, as well as her half-siblings on each side . People with hyphenated surnames face quandaries when giving their own children a last name: some follow tradition, and some get creative. Contact us online or by calling us at one of our convenient locations throughout the Midwest. If you don't, the other person may try to mash your name into some sort of bizarre hybrid, plus you're giving them a heads' up about the punctuation. Principal Attorney. Not really. Lv 7. This can result in difficult child custody cases with transportation at issue. The child may carry the mother’s last name, father’s last name, or a hyphenated last name. The father of my child denied paternity while I was pregnant and up until 6 months of my child's life. Favorite Answer "I live in Ontario Canada, I don't need my ex's permission to apply to have their last name … Choose a Last Name of Your Liking. In this case, the mother was permitted to change her son’s last name to be hyphenated with both hers and the father’s last names. You get the resources of a large divorce and family law firm AND the attentive service of a local attorney. Getting visitation rights means drafting a parenting plan that works. Even if you have sole legal and physical custody, the court might not allow you to change her last name if her other parent maintains a frequent and loving relationship with her and if he objects. The analysis is fact-sensitive and will vary from case to case. The use of the hyphenated name will be a symbolic reminder of, and source of identification and association with, both her father and her mother, the mother having always been the child’s custodial parent. Joint guardianship and joint custody If parents have joint custody, then it is up to the guardian who is making the application to prove that a change of name is in the best interests of the child. In the Western tradition of surnames, there are several types of double surname (or double-barrelled surname).If the two names are joined with a hyphen, it may also be called a hyphenated surname.The word "barrel" probably refers to the barrel of a shotgun, as in "double-barreled shotgun".. The suspect is in custody: 3. Custody would only make a difference if I wasn't going to include a response from him, which, if you read my post, you would see that I am going to have that included. 8:2-1.4 (a) (2). When our son came wailing into the world, we grinned down at all nine pounds, nine ounces of him, signed the birth certificate and headed home with our hyphenated-last-name baby. Where both parents cannot agree upon a surname for a child at the time of a child’s birth, both parents have the legal right to provide a surname for the child, with the child’s name being alphabetically hyphenated to reflect the name chosen by both parents. In lots of child custody matters between married parents, the last name of the minor child can come into dispute. Can a child with a hyphenated last name use either one in school? Fertility and surrogacy is a growing area of the law for those who want children. 2. The court also decides on how child support is going to work. But courts also recognize that neither parent has more right than the other to pick their child’s last name. my daughter was born out of wedlock and her last name is hyphenated. Often called parenting time, visitation is the amount of time a noncustodial parent spends with his or her child. A state of being confined (usually for a short time) His detention was politically motivated The prisoner is on hold He is in the custody of police: 2. So my son has my last name. The child doesn't have to take either of the parents' … What we can gather is litigation over a child’s name or surname continues to be a contested issue. If your child can't just tack on another hyphen, then they … Last names are important because they identify us with our families and remind us where we come from. We can handle a broad spectrum of visitation matters. Periodically a client will ask if it is possible to change their child’s last name, from their former spouses’ name to their own, for example changing the child’s last name to their maiden name so the child and parent have the same last name. Some six weeks after the child was born Gieser filed an amended complaint in the custody action that sought primary physical and sole legal custody of the child and requested that the child's name be changed to a hyphenated surname that included the surname of both parents. New York Benefit Corporations and How to Form Them, Phillips Law Firm, 112 Franklin Street, Buffalo, United States, Father’s Rights – Changing or Hyphenating Your Child’s Last Name, Differences Between the Custodial Parent’s Last Name and the Child’s Last Name, Effects of the New Name on the Child’s Relationship with Both Parents. When you choose us, you don’t have to sacrifice quality or service. After a judge sided with the father in October — declaring that “as a matter of his welfare, a hyphenated surname would benefit the child possessing an … When it is over, When married parents decide to divorce, their roles and responsibilities remain unchanged. If you are going through a paternity case in Missouri, Illinois, Kansas, or Oklahoma, the attorneys at Stange Law Firm, PC can help. Georgetown Lawyer. A divorce and custody battle would be … Given both circumstance, and increasing compromise between both parents in a paternity case is to hyphenate the last name. Answer Save. If you have a complex custody case where psychological issues or abuse may be in play, you might want to consider a child custody evaluation, If you are dealing with an international child custody dispute, and perhaps. About a week later, the trouble started. Even though it’s still much more common for kids to take on either their father’s or their mother’s last name, there are more than enough hyphenated kids running around for it to be shocking. The non-consenting parent must be served with copies of the name change papers and given a chance to object. With this outcome, the Child can, as the Juvenile Court stated in explaining its ruling, “be called by the last name of both strong families.” The evidence does not preponderate against the Juvenile Court’s finding that changing the Child’s surname to a hyphenated name … If you are being denied access to your children, you may want to consider a family access motion. Child support had nothing to do with it as we lived together and made the choice that I would stay home with the baby for the first few years. Parents are often concerns about their parental rights, especially fathers in certain circumstances. Usually, courts will only deprive a child of his or her father’s last name if the father has done something gravely wrong. She has mine and her biological fathers last name. In some cases, the mother may want the child to have her last name whereas the father will want the child to have his last name. 9 years ago. Another issue in many cases is deciding what the last name is going to be for the minor child. If you are found to have repeatedly ignored a court order, you may be found in contempt of court. . Can I legally change the last name and ta … read more. :) This past Thursday, the New York Times featured a fascinating article about hyphenated names. For example, if your last name is Smith and the mother’s last name is Brown, a judge could change your child’s name to Smith-Brown. This is especially true if the child hasn’t started school yet. In some custody cases, parties might live far apart. The parties litigated custody and visitation through 2005 culminating in a modified custody order … He has not been in her life since she was 8 months old and before then only a handful of visits. Please read and comprehend before responding. And why, exactly, would a son with a hyphenated last name have to change his name when he gets married? MISSOURI, ILLINOIS, KANSAS, & OKLAHOMA FAMILY LAW ATTORNEYS, Full Service Child Custody Representation, Charitable Giving and Community Involvement, Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Missouri, Illinois, Kansas and Oklahoma Child Custody Attorneys, Potential Pros and Cons of Divorce Mediation in the Midwest, Developing a Prenuptial Agreement in the Midwest, Common Questions About the Divorce Process in the Midwest. Can I hyphenate my last name without legally changing it? The decision to end your marriage was one of the most pivotal decisions of your life. Divorce is an incredibly difficult experience that requires a significant investment of time, money, and energy to see through to completion. Next to divorce actions, paternity cases (custody and support cases between unmarried parents) are among the most common cases in family law. Child is raised that works firstly to apply to change a child ’ s last.. 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