Can a minor child change his last name to match his mother’s fiancé if there is an ex parte order against the father?
If there is an ex parte order protecting the mother and minor child from the father, and the mother has had 100% physical and legal custody of the minor child for ten years, what has to happen if the minor child wants to change his last name to match the name of his mother's fiancé?
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The mother will need to petition the court for a name change for the minor child.
Typically, this requires:
- Seeking the consent of the other parent (the father).
- If the father withholds consent, the mother can still request the change, but she will need to proceed with a name change petition over the father's objection.
That being said, if the mother intends to change her own last name (for example, to match her fiancé’s), she should complete her name change first before attempting to change the child’s name.
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If there is an ex parte order protecting the mother and minor child from the father, and the mother has had 100% physical and legal custody of the minor child for ten years, what has to happen if the minor child wants to change his last name to match the name of his mother's fiancé?
Lexi, Chatbot
I understand this situation can be complex. Has the father been involved in the minor child's life at all during these ten years?
There has been zero contact between father and minor child during this time.
Lexi, Chatbot
Have there been any previous legal proceedings or agreements regarding custody, visitation, or parental rights between the parents?
Yes. The decree states that until the father completes the parenting class ordered by the court and completes PTSD treatment, he cannot have contact with the child. The father also signed over custody to the mother.
Lexi, Chatbot
Is there anything else the family lawyer should know before I connect you? Rest assured they’ll be able to help with changing the minor child’s last name.
No.
Robert L
Hi, my name is Robert, and I will be happy to help.
Robert L
The mother will need to petition the court for a name change for the minor child.
Typically, this requires:
- Seeking the consent of the other parent (the father).
- If the father withholds consent, the mother can still request the change, but she will need to proceed with a name change petition over the father's objection.
That being said, if the mother intends to change her own last name (for example, to match her fiancé’s), she should complete her name change first before attempting to change the child’s name.
Robert L
This response provides general legal information only and does not constitute legal advice. It also does not create an attorney-client relationship.
Robert L
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