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Brandon M.
Brandon M., Family Law Attorney
Category: Family Law
Satisfied Customers: 12620
Experience:  Attorney experienced in all aspects of family law
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My oldest son's biological father has not been in his life

Customer Question

My oldest son's biological father has not been in his life for over a year now. He also filed a petition to disestablish paternity because he didn't want to be responsible for our son anymore. I fought back and he ended up dismissing the case, but has not contacted our son since. There is a child support order being enforced by the state of Florida. My fiance wants to give my son his last name, but we are not yet married. Can we petition the court for a name change without affecting the child support order that is being enforced? I don't want to terminate his parental rights because in the even that he has a change of heart and wants to see his son, I'd want him to have that right, but my son wants to have the same last name as the man who is raising him. Will a judge even grant this?
Submitted: 10 months ago.
Category: Family Law
Expert:  Brandon M. replied 10 months ago.

Good evening. A change in a child's surname would have no impact on the child support obligation of either parent. I can't say whether the court will grant your petition, but I wouldn't be optimistic. You aren't even married to your fiancé right now, and he has no legal relationship to your son, so that alone makes it an uphill battle. If the biological father opposes the petition, that would usually make the change under those circumstances particularly unlikely. But you're welcome to try and the last name is ***** ***** legal parentage for child support purposes.

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