In most states, school and other legal paperwork MUST have the exact name as written on the birth certificate. Your legal right to change your child’s last name does not depend on your custody arrangement. Judges have done so in the past because the hyphenated name becomes a symbolic reminder to the child of his or her relationship with both the father and mother. Many courts are encouraging hyphenated last name to increase settlement in cases. 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. 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. Georgetown Lawyer. You may not like the decision, but it's still a decision. What we can gather is litigation over a child’s name or surname continues to be a contested issue. You might have a right to third party custody in certain situations. Some couples combine their last names into a brand new name. Given both circumstance, and increasing compromise between both parents in a paternity case is to hyphenate the last name. The child may carry the mother’s last name, father’s last name, or a hyphenated last name. Can I legally change the last name and ta … read more. 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 making appointments or reservations, it's important to clarify you have a hyphenated last name to make it easier for the other person. 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. This can result in difficult child custody cases with transportation at issue. The parties litigated custody and visitation through 2005 culminating in a modified custody order … And why, exactly, would a son with a hyphenated last name have to change his name when he gets married? 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. If, therefore, the mother has custody of the child and remarries, she may cause the child to be known by the surname of her new husband, even though he is But, if the father chooses to wait to file the paternity cases until after the child has started school, or the court is not very confident that the father is going to be in the child’s life, the court may find it in the best interest of the child to have the given mother’s last name. Marry her. 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. :) This past Thursday, the New York Times featured a fascinating article about hyphenated names. Judges don't change last names of children to the non-custodial Father's last name just because he wants it that way. See additional disclaimers here. 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. I am divorced and have sole custody of my daughter. When we go to mediation, I'd like to know the order of a hyphenated last name of a child. Does the child get the last name of the father or of the mother? The answer is: if he is 'out of the picture', then you do not need to notify him or gain his consent. I only use Smith as her last name on … Whereas legal custody, the court has to make a decision who gets to make the important decisions regarding how the child is raised. A judge may or may not grant a child's name change without the other parent's consent. Wondering how to hyphenate the English word custody? If you have jurisdictional issues involving your custody case, you will want an attorney familiar with the UCCJEA. Post-Doctoral Degree. We can help. The hyphenated name will also be a reminder of the ethnic heritage of both parents, as well as her half-siblings on each side . The first way is to get the consent of the mother. Usually, courts will only deprive a child of his or her father’s last name if the father has done something gravely wrong. A divorce and custody battle would be … Lv 7. All rights reserved. The decision to end your marriage was one of the most pivotal decisions of your life. Also, who is going to be paying for the child’s health care, education, and extracurricular costs and in what percentages? Did you know that you can ask a court to change your child’s last name if it is not the same as yours? This word can be hyphenated and contains 2 syllables as shown below. 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. 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. 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. Legal Question & Answers in Family Law in Michigan : hyphenating child's last name If my step daughter's last name is hyphenated 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. When we DID get married, I did not want to have to go through the hassle of changing their last name. Answer Save. . If you are found to have repeatedly ignored a court order, you may be found in contempt of court. The hyphenated name becomes a reminder of the ethics heritage of both parents. People with hyphenated surnames face quandaries when giving their own children a last name: some follow tradition, and some get creative. 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. 6. Um, no. Fertility and surrogacy is a growing area of the law for those who want children. This is especially true if the child hasn’t started school yet. Please read and comprehend before responding. . Parents are often concerns about their parental rights, especially fathers in certain circumstances. In lots of child custody matters between married parents, the last name of the minor child can come into dispute. Can I hyphenate my last name without legally changing it? The father of my child denied paternity while I was pregnant and up until 6 months of my child's life. Pros: There'll be … She has mine and her biological fathers last name. Aspatore Books from Thomson Reuters Westlaw. If you need a Child Custody Attorney in Missouri, Illinois, Kansas, or Oklahoma, contact Stange Law Firm, PC today at 1-855-805-0595. As in, who is paying the child support to who? The child doesn't have to take either of the parents' … The court also decides on how child support is going to work. Courts have continuing jurisdiction over child custody and visitation orders. Getting visitation rights means drafting a parenting plan that works. Failure to do so can put your time with your child in jeopardy. In these circumstances, lots of cases can become contested over this issue. However, they must account for their new, separate living situation and come to. If you’re an unmarried parent, we have an article that may help: Children of Unmarried Parents. (716) 849-5915 | Attorney Advertising | Disclaimer© 2015-2019 Phillips Law Firm, P.C. About a week later, the trouble started. 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. In some custody cases, parties might live far apart. We can help. 9 years ago. But courts also recognize that neither parent has more right than the other to pick their child’s last name. The analysis is fact-sensitive and will vary from case to case. 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. Hyphenating a child’s last name is still a pretty rare thing to do. If parents give their children a hyphenated last name, then they actually did decide what to do with the last name. . 11,193 satisfied customers. Divorce is an incredibly difficult experience that requires a significant investment of time, money, and energy to see through to completion. 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. Contact us online or by calling us at one of our convenient locations throughout the Midwest. If you are going through a paternity case in Missouri, Illinois, Kansas, or Oklahoma, the attorneys at Stange Law Firm, PC can help. 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. You can use a hyphenated last name in informal social settings (on social media, amongst friends, etc.) cus-tody Definitions of custody: 1. Next to divorce actions, paternity cases (custody and support cases between unmarried parents) are among the most common cases in family law. 2. The child considers her last name to be Esquenazi-Eberhardt as evidenced by, among other things, the fact that she regularly writes the hyphenated name. Firstly to apply to change a child’s name you must have legal custody the child. 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 … The court need to know on what days of the week the child will be with either parent. 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. Favorite Answer "I live in Ontario Canada, I don't need my ex's permission to apply to have their last name … This field is for validation purposes and should be left unchanged. If you are not the biological parents, in certain cases all may not be lost. They decided to hyphenate. 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. 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. Given both circumstance, and increasing compromise between both parents in a paternity case is to hyphenate the last name. Tagged: Father's Rights, Name Change, Civil Rights Law, Phillips Law Firm, P.C.112 Franklin Street, Buffalo, NY 14202. So my son has my last name. So, when a parent wants to move, it is usually necessary to get the court's permission first. If you are being denied access to your children, you may want to consider a family access motion. 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. Fathers should be aware that courts recognize their interest in having their children have their last name. Your odds increase somewhat if you can prove your child will benefit from the change. 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. Not really. For an example her last name is Smith-Jones and Smith is my maiden name. You get the resources of a large divorce and family law firm AND the attentive service of a local attorney. He has not been in her life since she was 8 months old and before then only a handful of visits. It's hyphenated his first. Another issue in many cases is deciding what the last name is going to be for the minor child. This includes first, middle, and last names. 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. First, his health insurance card came with just the second half of his hyphenated name, and when I called to let them know there was a mistake, I was told their … 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. N.J.A.C. There is a general rule, however: the younger the child is, the more likely the last name will be that of the father’s. If your child can't just tack on another hyphen, then they … Often called parenting time, visitation is the amount of time a noncustodial parent spends with his or her child. Many courts are encouraging hyphenated last name to increase settlement in cases. … 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. When you need a court order changed, you can work with the experienced attorneys at Stange Law Firm, PC. 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. (with `in') … If you are the father of a child whose last name is different than yours, there are two main ways to change the child’s last name. 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. 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. Re: Hyphenating my child`s last name. If a mother with sole custody divorces the natural father and remarries, a judge is likely to favor changing the child’s surname to that of the stepfather if other factors support the change. The suspect is in custody: 3. If this doesn’t work, you can ask a court to change the child’s name over the objection of the mother under Article 6 of the NY Civil Rights Law. Thus, to require the child to revert back to the surname given to her at birth … Most states allow any name to be placed on a child's birth certificate. Now the father is suing me and wants to change my son's last name to his based only on paternity tests. 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".. My child is aware of the last name but REFUSES to use the father's last name. Holding by the police. In both of these cases, the court must decide what parent gets physical and legal custody of the minor child. When you choose us, you don’t have to sacrifice quality or service. The court will take the mother and father’s last name and hyphenate it together. 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. You can also ask a court to hyphenate your child’s last name so it includes both parents’ last names. Also decides on how child support is going to be a contested issue and custody! 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