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. Also, who is going to be paying for the child’s health care, education, and extracurricular costs and in what percentages? You can also ask a court to hyphenate your child’s last name so it includes both parents’ last names. Given both circumstance, and increasing compromise between both parents in a paternity case is to hyphenate the last name. 2. 6. About a week later, the trouble started. Next to divorce actions, paternity cases (custody and support cases between unmarried parents) are among the most common cases in family law. We can help. 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. But courts also recognize that neither parent has more right than the other to pick their child’s last name. If you are found to have repeatedly ignored a court order, you may be found in contempt of court. I fully expected us to get married at some point 3. Many courts are encouraging hyphenated last name to increase settlement in cases. When making appointments or reservations, it's important to clarify you have a hyphenated last name to make it easier for the other person. The court need to know on what days of the week the child will be with either parent. You may not like the decision, but it's still a decision. N.J.A.C. 8:2-1.4 (a) (2). Here are a few fun facts: 1. Favorite Answer "I live in Ontario Canada, I don't need my ex's permission to apply to have their last name … 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. It's hyphenated his first. There are eight main factors a judge will consider. 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. If you are going through a paternity case in Missouri, Illinois, Kansas, or Oklahoma, the attorneys at Stange Law Firm, PC can help. 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. What we can gather is litigation over a child’s name or surname continues to be a contested issue. 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. There is a general rule, however: the younger the child is, the more likely the last name will be that of the father’s. Often called parenting time, visitation is the amount of time a noncustodial parent spends with his or her child. A divorce and custody battle would be … Um, no. The court also decides on how child support is going to work. Aspatore Books from Thomson Reuters Westlaw. If you are being denied access to your children, you may want to consider a family access motion. 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. The non-consenting parent must be served with copies of the name change papers and given a chance to object. So, when a parent wants to move, it is usually necessary to get the court's permission first. When we go to mediation, I'd like to know the order of a hyphenated last name of a child. Thus, to require the child to revert back to the surname given to her at birth … He has not been in her life since she was 8 months old and before then only a handful of visits. 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. The court will take the mother and father’s last name and hyphenate it together. We can help. Your legal right to change your child’s last name does not depend on your custody arrangement. Failure to do so can put your time with your child in jeopardy. Holding by the police. Choose a Last Name of Your Liking. The hyphenated name becomes a reminder of the ethics heritage of both parents. If you need a Child Custody Attorney in Missouri, Illinois, Kansas, or Oklahoma, contact Stange Law Firm, PC today at 1-855-805-0595. I am divorced and have sole custody of my daughter. 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. 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