changing child's last name

[canstarr]

My son is now 6 years old and has the last name of his father. My son has expressed many times that he wishes his name was like the rest of the family. I tried to change his last name to mine which is my maiden name, but i was told i would have to receive "permission" from his father. His father has not had any contact with him in over 2 years, has never had any paternity established and does not support his son in any way. Why does he have a say, I didn't have to get his "permission" to give my son his last name when he was born. We were never married and his name isn't on any legal documents.

[able1]

Normally he will have to agree by law.

You might tell him you are about to file for child support...that may make him more receptive...not that the two issues are related.

[tbyte]

If paternity was never established, the father has no visitation rights, and there are no court orders for child support, then I think he has no legal say in the name of the child.
Who told you this?

a judge, I went to the court house and asked what I needed to do in order to change my son's name. They told me to fill out the paper, pay the $50 court fee, and show up at court. I did all that, then the judge told me I had to have his father approve it. His father has never legally been his father and has never provided anything for my child. So, i felt like all i did was give the courts $50. But i still don't understand why he has any say when technically he's not his father.

[tbyte]

I don't think he does. Either the judge was mistaken, or you did not tell the judge all the details, or you are not telling us all the details.

[snukums]

I am from mass and spoke to a lawyer before calling the family court... All that has to be done in this state is fill out th paper that says childs name now and what you would like it to be the fee is $180.00 for the change and they run it in newspaper inthe last known town of the father 2 consective times he can try contesting it But that means nothing! when doing this my sons middle and last name are being changed! It can be changed to any name you choose!

[Law200]

In many jurisdictions if you know where the father is, you must serve those name change court papers on him to give him notice.

were i live it does not have to be served in hand... you need to run it in the last known town newspaper in which town the father has lived thats that

I have an issue as well. My son is 4 years old now. The last time he saw his father was when he was 2 months old. He does not pay child support, he doesn't try to find me or see his son and he knows my fiances brother so he has ways, he is in and out of jail and prison, which I believe he is in jail now. I would like to change my sons middle and last name, do I have to have him sign something for permission if he is on the birth certificate or can I change it legally without his consent?
Also, I want to file for full, physical sole custody, but somebody told me that may open the door for him to just respond to it and then maybe get some visitation. My son does not know this man, all he knows is my fiance, who has been there since he was 3 months old and there ever since, thats his dad. He would like to adopt him also someday.
Please tell me if I can change his name legally in the state of california and what I would have to do