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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 101087
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I want to change my sons last name to my boyfriends last

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I want to change my son's last name to my boyfriend's last name. He has been his "father" since he was 9 months old and my son has always known him as his father. He is going into kindergarten now and learing how to spell his last name and I don't want to confuse him. I do not plan on marrying this man because I do not want to get married. Am I still able to legally change my son's last name to his?
Submitted: 6 years ago.
Category: Family Law
Expert:  Ely replied 6 years ago.
Hello,



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Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.


Probably. Yes, absolutely. All you have to do is to file a quick Petition to Change the Name of a Minor in your local family court. Go to legalzoom.com or nolo.com for the form. I can also guide you on the step by step if you'd like. His real father would have to be served, but in the end, the Judge decides on the name change based on the "best interest of the child," so it's likely you'll get it.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



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Customer: replied 6 years ago.
When answering the questions for legalzoom.com, I come across this question. Who is requesting the name change? I am not sure if his biological father had all parental rights terminated or not. I was young and it has been 5 since all this happened. He does still pay child support but does not have any visitation. Is there any way that I am able to find out if his parental rights have been terminated?
Expert:  Ely replied 6 years ago.
You'd have to go to the country district clerk's office and look through the records. In any case, YOU are requesting the name change, i.e. the legal guardian. Either way, whether her was not terminated or was, he'll need to be served.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”














Customer: replied 6 years ago.

I will need to go to the county of which he was born in?

Expert:  Ely replied 6 years ago.
No, the county district clerk where the parental orders were established (you can just call them, ask for the records room, and do a quick search on the phone - might call you about $15).

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”














Customer: replied 6 years ago.

The biological father still has parental rights, will i now need to go through an attorney even though i am sure he will not go against the request for a change of last name?

Expert:  Ely replied 6 years ago.
No, there is no need to if you think it won't be a problem. Serve him, and set a hearing. It'll last all of 5 minutes.

Best of luck in your matter. I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”














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