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Lawyer Lori
Lawyer Lori, Lawyer
Category: Family Law
Satisfied Customers: 2161
Experience:  Divorce, custody and child support attorney.
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My 21 yr old son just got full custody of his 5 month old baby

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My 21 yr old son just got full custody of his 5 month old baby girl in the state of Indiana, how do we go about getting her last name changed and a new social security card?

Lawyer Lori :

Good afternoon. And congratulations to your son and both the birth of his child and his being granted custody.

Lawyer Lori :

Please stand by while I do some quick double-checking.

Lawyer Lori :

However, even though he now has custody, he would need a court order or the mother's consent to have the child's name changed. There are some exceptions to that, such as if the mother has committed a crime against the child (child abuse/neglect). You may want to read the Indiana court page: http://www.in.gov/judiciary/selfservice/2339.htm.

Lawyer Lori :

As for getting a new social security card, once the name is XXXXX XXXXX would simply provide a copy of the name change order and the revised birth certificate to social security and it would be reissued.

Lawyer Lori :

Should you have any followup questions, please do not hesitate to let me know.

Customer:

The baby was taken from the mother by Department of Child Services for neglect and drug abuse. The judge ordered sole custody to my son and we want her last name to be the same as his. At that point we want a new SS card with her last name

Lawyer Lori :

Can you tell me if the mother's parental rights were explicitly terminated by the court when he was granted sole custody? Or by DCS? I'm looking for an actual order stating that her rights are terminated.

Customer:

Her parental rights were not terminated and DCS is still involved due to the child in need of services for supervised visits to the mother. We were told we could have baby's last name changed but not sure how to do it.

Lawyer Lori :

Even if she has visitation (or even if not), her parental rights may not have been terminated. In which case, your son would need to petition the court having jurisdiction - the court that granted the custody.

Lawyer Lori :

You will need court approval to change the child's name. And since the child is so young and custody is with your son, it is most likely that the court would approve. It becomes more difficult for the child to adjust once they hit school age.

Lawyer Lori :

The basic steps would be for your son to:

Lawyer Lori :

1) file a petition (found on line here: http://www.in.gov/judiciary/selfservice/2339.htm);

Lawyer Lori :

2) have her served;

Lawyer Lori :

3) appear in court and request that the name be changed since he has full custody and it will make the child's life easier with his last name.

Lawyer Lori :

The court clerk may also have the forms available.

Customer:

So do we contact the DCS lawyer too that told us we could have her last name changed?

Lawyer Lori :

Yes, DCS would also have to be notified as they are now an interested party. However, it is highly unlikely that they would have any objection to the matter.

Customer:

Thank you

Lawyer Lori :

You're welcome. And enjoy your granddaughter.

Lawyer Lori and 5 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
How do we go about getting my son's name on her birth certificate?
Has your son been adjudicated as the father? In other words, did the court rule that he was the father? If yes, then take the court order to the local health department (typically, at town hall/vital records) and they will assist you.

If the court did not rule that he was the father, then the mother will also need to sign an acknowledgment of paternity which can be obtained from the health department.

If neither of these work, then as part of the name change petition with the court, you may request that the court adjudge your son as the father and that his name be added to the birth certificate.
Lawyer Lori and 5 other Family Law Specialists are ready to help you

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