The bio dad was never in the picture. My sons are going to be eight .ive been with my husband for almost eight years. I want to change his last name because I two more kids with my husband they have his last name, but he doesn’t and his getting to that age of asking questions my sons doesn’t know that my husband is not his father need help how to change it but don’t where to start I live Dallas tx The bio dad is not in BC My sons has never seen his bio dad My husband raised him since he was 4months.
You’ll need your x to approve and sign rights
I would call and ask them. It may be different now bc an absent parent is just that. But then you would go to social security office. Pretty easy.
Check your local court for family law forms. There are usually change of name forms available. If bio dad has legal decisionmaking rights, his consent is ordinarily needed or you have to motion the court, but if stepdad is the main caregiver, consider terminating dad’s parental rights and allowing stepdad to adopt him.
You have to file for adoption of the child and the bio has to sign off no matter if he’s in his life or not. Talk to a family law lawyer or just go down to the courthouse family division and ask. My husband adopted my children over 20 years ago and we changed their last name
I would suggest honesty and then have husband adopt the child.
Adoption is possible even without birth fathers consent due to abandonment laws.
Contact a family law attorney for the most accurate answer to your question.
But, honesty first…your son is asking questions so he deserves to know his “real” dad that’s raised him is not his bio dad. Real dads are the ones present…real dads aren’t always the bio dads.
Get permission from bio dad and have your husband adopt them probably need a lawyer
If hes not on the bc your husband can 1 sign as the father or 2 adoption. I did this a year ago. But be 100%. I got married changed kids name and now a year and some later leaving my husband
If he isnt on tge birth certificate your fine
I went to the court house they told me what to do. I paid 800 for it all to be done. Didn’t need baby daddy there told the judge the truth he wasn’t around and he didn’t pay child support. Along with he kept saying our daughter wasn’t his. He granted the name change.
I had to go through a whole ordeal in my state of ND . First had to serve bio , then he never signed so had to go for abandonment but since I was not married yet had to get married first then serve for signing off again still never signed so served again for court , he never showed , so finally after then being married go to court for having my now husband to adopt my Son. I would assume since your married it would be less of a big ordeal you’d just have to have your now husband and you to file for abandonment and adoption of your husband. It could get costly so be sure you have a good attorney, and when you sit down with the attorney do it all in one and make sure to have it all ready in one shot .
If bio dad is on the birth certificate, then yeah you probably have to go through the steps of him signing over his rights and then your current husband would have to adopt him. But I would probably hold off on the name change. If the kid brings it up, then sure. But if it’s something you want to do to “avoid questions” that’s not helping anybody but yourself
Social security office can help you with that.
It will depend on which country and even state you live in
You have been lying to your child his whole life, you had better hurry up and be honest with him or its not going to end well.
My mom claimed she didnt know where my bio dad was so they contacted a lawyer and put in a ad in the newspaper,after 30days no response so they went forward with an adoption to legallly change my last name. Btw I’m in florida
Time to tell the kid why his name is different
Be honest with him thats all he wants to know so just spit it out because im going through the same thing with my grandchild because im raising him & if he starts acking im telling him the Truth because if u don’t & he finds out on his own HE WILL NEVER TRUST U AGAIN.
Your son is old enough for u to sit him down and tell him about his bio father. He does need to know. But u can also tell him that his “daddy” the only one he has ever known wants him to be his for real. The only reason I say this is if something medically happens as he gets older ur husband will not be a blood match or anything and that will cause all new problems. If the bio dad wants nothing to do with him then he can sign his rights over. Talk to a lawyer for sure. Do this the right way. Good luck!
I told him if he ever needed anything even talk not hold it n and he started talking about his mom & grandpa & thats good for him to release his emotions instead of hold them n and being angry.