How to Legally Change a Child's Name when the Other Parent Objects | Learn About Law

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  • เผยแพร่เมื่อ 2 พ.ย. 2024

ความคิดเห็น • 55

  • @stephenison5703
    @stephenison5703 2 ปีที่แล้ว +3

    I did this DNA test and she's 100% my daughter and I don't want her middle name to be associated with her mother's sister that got brutally murdered and I'd rather have her middle name change to princess because to me that's a jinx. No question to ask your honor 👍

  • @judahisrael688
    @judahisrael688 3 ปีที่แล้ว

    Very helpful I live in South Carolina . So I do not have to file WAIVER OF SERVICE AND CONSENT, MOTION TO WAIVE FILLING REQUIREMENT FORMS? Me and my wife agree to the child name change.

  • @amc3736
    @amc3736 4 ปีที่แล้ว +4

    Really appreciate you making this video. This is exactly the information I was looking for. Different state, but I get the general approach. I will look further into my states requirements. Thank you very very much!

  • @tas-life231
    @tas-life231 3 ปีที่แล้ว +3

    What if the other parent changed the child name without the other parent knowing and the other parent found out years later

  • @kristilopez6075
    @kristilopez6075 5 ปีที่แล้ว +7

    Very good info, just what I was looking for my sons biological father has been absent his whole life. :-)
    thanks

    • @Learn-about-law
      @Learn-about-law  5 ปีที่แล้ว

      Thanks for watching and the postive feedback, K Lo! Please subscribe if you haven't already. -Kevin O'Flaherty

  • @itisfinshedpsalm9183
    @itisfinshedpsalm9183 5 หลายเดือนก่อน

    What is the biological parent lives in another state? How would the hearing work?

    • @Learn-about-law
      @Learn-about-law  5 หลายเดือนก่อน

      Hello! Thanks for reaching out! We are unable to advise you online. If you call us at (630)-324-6666 or email us at info@oflaherty-law.com, a member of our team will contact you to discuss this further.

  • @LilineWaitin
    @LilineWaitin 3 ปีที่แล้ว +2

    How long after the newspaper publication must you wait for court appearance?

    • @makenzie42069
      @makenzie42069 2 ปีที่แล้ว +1

      Don't do this to your child.

    • @LilineWaitin
      @LilineWaitin 2 ปีที่แล้ว

      @@makenzie42069 excuse me ?

    • @ambiamz
      @ambiamz ปีที่แล้ว +1

      @@makenzie42069 don’t tell her what to do concerning HER or HER CHILD weirdo! Probably 90 days I have that same question because I’d rather go through the paper than a direct serving he was highly abusive to me and our small children so I really don’t want to contact him not every parent deserves common decency

    • @anastasiamoffatt579
      @anastasiamoffatt579 ปีที่แล้ว

      You don’t know the situation so stfu

  • @Gold_Janeene
    @Gold_Janeene 2 ปีที่แล้ว

    How is this treated when an established father is not in the US?

  • @daneafreeman4158
    @daneafreeman4158 2 ปีที่แล้ว +1

    How can I change my two babies last name to mine, their father and I was NEVER married. And he did NOT sign the birth certificate for our daughter but his name is on bother birth certificates.
    He has on several occasions denied paternity also.

    • @romamongar3215
      @romamongar3215 ปีที่แล้ว

      If u have figured it out please let me know.

  • @abufahad7480
    @abufahad7480 3 ปีที่แล้ว

    Hi,
    I changed one letter in my last name on Cermony Oath certificate. Now, how can change the same thing for my kids . And what is the requirements. I want to apply the N600 for citizenship but I don’t know how I mention or change thawing names first

  • @lifeistooshort8934
    @lifeistooshort8934 ปีที่แล้ว

    What if the child’s father has been involved the entire time and is on the birth certificate but we were never married and now wants to hyphenate his last name after mine but I am worried because I don’t want my child to get bullied due to the nature of the last name, his whole family had been bullied so I am looking out for the best interest of my child along with not wanting her to have to hassle with writing a really long name and is having to change all documents such as birth certificate ect…my daughter is 1 year old. What do you think I should do in this situation and what do you think the outcome would be if I do disagree? Do you think the judge would more than likely rule on his or my favor?

    • @Learn-about-law
      @Learn-about-law  ปีที่แล้ว

      Good morning! Thanks for reaching out to us. We are unable to advise you online. If you call us at (630)-324-6666 or email us at info@oflaherty-law.com, a member of our team will contact you to discuss this further.

  • @23lESHt0WN12
    @23lESHt0WN12 3 ปีที่แล้ว +3

    What if the other parent lives 5 hours away but consents to the name change. I mailed him the forms to sign. Does he have to show up to court?

  • @2munkey2
    @2munkey2 5 ปีที่แล้ว +1

    Is it better to put me on my sons birth certificate first or change his name first

  • @DGSantaFe
    @DGSantaFe 2 ปีที่แล้ว

    3 years ago I found out that I have a child. I have tried numerous times with the mother to give my son my last name but she has evated me on the subject. At 1st she would let me see him but now she has taken him out of the country and just found out he hasn't been in school for 1.5 years. He's now 10 and I would like to begin the process of name change n stablish child support but would child support come back at me for 10 years?

  • @myataylor4168
    @myataylor4168 2 ปีที่แล้ว

    My child is 6 months old & I hate the name that was given plus I don't even call him that name. How do I change the name free since he still baby

  • @rodneyseaton5488
    @rodneyseaton5488 4 ปีที่แล้ว +1

    What if I’m the bilogical father but wasn’t there to sign the birth certificate so there for I have no rights? Another man is on the birth certificate if I have proof that I’ve been there for my child is it still up to the judge on whether or not I’m givin my rights and a legal name change?

    • @Learn-about-law
      @Learn-about-law  4 ปีที่แล้ว

      Great question, Rodney. Thanks for your comment. To learn more about this topic and for answers to your specific questions, please give our office a call at (630) 324-6666 so we can schedule a consultation for you.

    • @jacquelinecook-burks482
      @jacquelinecook-burks482 3 ปีที่แล้ว

      @@Learn-about-law I want to change my child's full. I found out the person I thought was my child's father is not. I do know who the real father is but I want my child to have my last name.

  • @anastasiamoffatt579
    @anastasiamoffatt579 ปีที่แล้ว

    My son is two and a half and biological father has not seen him since before he turned one. We have a protective order against him that cover both me and my son. He is also a felon. My son is a Jr. so he has his complete exact name, but he doesn’t go by that name. I think it inappropriate for him to be named after his biological father especially since he will be starting school.
    The biological father is objecting what are the odds the judge with grant the name change based on the reasons listed above?

    • @Learn-about-law
      @Learn-about-law  ปีที่แล้ว

      Hi Anastasia! Thanks for reaching out to us. We are unable to advise you online. If you give us a call at (630)-324-6666 or email us at info@oflaherty-law.com, a member of our team will get in touch with you to discuss this further.

  • @marywilson3157
    @marywilson3157 3 ปีที่แล้ว +3

    This just sounds like a horrible idea. I can't imagine the situation where it's okay to change a child's name without a parent's consent! Maybe I'm just too naive!

    • @laurajean1691
      @laurajean1691 2 ปีที่แล้ว +4

      Here is a situation for you, my son was my son was named after his biological father who ended up being very severely abusive abandoned my children in the middle of Alaska, And now wants nothing to do with his children. My son does not want to be associated with his father at all it brings him pain. Trust me there's reasons why people need a name change yes it's horrible.

  • @natashaevsimon1441
    @natashaevsimon1441 3 ปีที่แล้ว

    Thank you

  • @donc5281
    @donc5281 17 วันที่ผ่านมา

    What if you took all rights from the other parent?

    • @Learn-about-law
      @Learn-about-law  16 วันที่ผ่านมา

      Hi, donc5281!
      Thanks for your question. In Illinois family law the focus is on the best interests of the child so decisions on parental rights, responsibilities, and even name changes are governed by specific legal standards. While you can seek to modify or change parental rights the process involves meeting certain legal criteria.
      1. Can You Take Away All Parental Rights from the Other Parent?
      In Illinois completely terminating a parent’s rights is rare and usually only occurs in extreme situations such as abandonment, abuse or consistent failure to support the child. Parental rights can be restricted through the court process but removing all rights (like in an adoption) requires legal justification.
      Grounds for Termination: Some examples include voluntary surrender of parental rights (e.g. for an adoption) or involuntary termination based on the parent’s unfitness (e.g. neglect or criminal behavior).
      Best Interests of the Child Standard: The court looks at what serves the child’s emotional and physical well being and doesn’t remove a parent’s rights unless absolutely necessary.
      It’s important to know the court prefers both parents to be involved in the child’s life unless it can be proven a parent’s involvement is harmful.
      2. Changing a Child’s Name When the Other Parent Objects
      In Illinois a parent wishing to change a child’s name must file a petition with the court. If the other parent objects the court will decide based on whether the name change is in the child’s best interests. Some factors the court may consider:
      The child’s relationship with both parents
      The child’s preferences if they are old enough to express them
      The impact of the name change on the child’s emotional well being
      Any history of misconduct by the objecting parent
      If the other parent has legal parental rights they must be notified of the name change petition. Even with objections the court may grant the request if it finds the change will benefit the child.
      3. Do You Have a Valid Legal Claim
      You may have grounds to modify parental rights or change the name if:
      The other parent has shown a pattern of abandonment or neglect.
      There is evidence of domestic abuse, addiction issues or other harmful behavior.
      The name change will help align with the child’s sense of self or provide continuity in school or social situations.
      But terminating parental rights is a complex legal process and the court needs to see clear evidence to make that determination.
      4. What to Do Next
      If you want to terminate the other parent’s rights or change your child’s name:
      Consult with an Illinois family law attorney to discuss the details of your situation and get legal guidance.
      Gather evidence of neglect, abuse or other behavior that supports your claims.
      File the correct petitions with the court whether for a name change or modification of parental rights and prepare for any court hearings.
      Disclaimer: This is general information only and not legal advice. Not an attorney-client relationship was created. Feel free to contact us at 630.324.6666.

  • @BAMA-1986
    @BAMA-1986 3 ปีที่แล้ว

    Take everything you can right …

  • @1n3na3
    @1n3na3 5 ปีที่แล้ว

    What if we dont know where he is at and we publish on newspaper and we hear no response from him what happens next?

    • @Learn-about-law
      @Learn-about-law  5 ปีที่แล้ว

      Thanks for your question, Nena. If you follow the proper steps for notice by publication, this will serve as proper notice. You should provide the proof of publication that you receive from the newspaper to the court at hearing. - Kevin O'Flaherty

  • @tigressyessenia7574
    @tigressyessenia7574 ปีที่แล้ว

    I live in Texas I only want to change my child (son) his first and middle name. I have full custody and his biological father has never been involved since he was only 3 months old and had criminal case when he lost complete custody. My son has been bullied by his first name since middle school and is about to graduate soon. My son wants his name changed too and he will join military right after graduating we both feel like his name is not appropriate even for USA military. He does not care about the last name but wants to change completely his first and middle name he does not want to carry his fathers name it brings him pain since he never has been in his life. Would the court grant this petition since is not last name or would they still ask me to serve him notification and we don't have a clue about him. Please help me I filed already and want to go to court soon just need to schedule it

    • @Learn-about-law
      @Learn-about-law  ปีที่แล้ว

      Thank you for watching! In some cases the judge may grant the name change without the other parent's consent. If you'd like to read more about this topic, check out our article: www.oflaherty-law.com/learn-about-law/how-to-legally-change-a-childs-name-in-illinois-what-if-the-father-objects-to-a-minors-name-change

  • @doriandanielson1502
    @doriandanielson1502 3 ปีที่แล้ว +1

    I've provided for my 10yr old stepdaughter since she was 4. My wife, at the time my stepdaughter was born wasn't married and her biological father wasn't present and wasn't even added on the birth certificate. My stepdaughter also carries my wife's maiden name. Would I still need the biological fathers consent for a name change let alone adoption?

  • @jasmineoden6423
    @jasmineoden6423 4 ปีที่แล้ว

    What if he doesn’t show up to court? That might be my case.

    • @Learn-about-law
      @Learn-about-law  4 ปีที่แล้ว

      Hi Jasmine, thanks for your question. Unfortunately, we aren't able to give legal advice online, but you can call us to set up a free consultation at (630)324-6666.

  • @harisz2401
    @harisz2401 3 ปีที่แล้ว

    Does it matter if the parent doesn’t have legal papers?

  • @sannawaz1475
    @sannawaz1475 3 ปีที่แล้ว

    I am in Staten Island Newyork and I like to change my child first name please guide me where is the civil court near me

  • @simplysierra2161
    @simplysierra2161 3 ปีที่แล้ว +1

    What if you have legal full and sol custody of the child will you still need to get permission since technically they have no legal rights to that child any more?

  • @LokiVali
    @LokiVali 3 ปีที่แล้ว +1

    Closeted trans boy here. I wish I could go by Kit or Azrail. With a whole other last name maybe. If I could build up the courage that would be nice

    • @yasussy
      @yasussy 2 ปีที่แล้ว

      Still closeted?

    • @LokiVali
      @LokiVali 2 ปีที่แล้ว

      @@yasussy Yup.

    • @yasussy
      @yasussy 2 ปีที่แล้ว

      @@LokiVali oh just know to take your time and come out when you’re safe and ready ❤️

  • @makenzie42069
    @makenzie42069 2 ปีที่แล้ว +1

    HEY PARENTS! THINK TWICE (then sleep and pray on it) BEFORE CHANGING YOUR KID'S NAMES.
    Your child is a human being, not a trophy to be engraved.
    Pitiful pissing contest.
    this will almost certainly create identity issues and animosity in the future.
    I miss my real name. My Dad and I are close and I feel bitter and guilty every. Time. I. Say. My. Name. Worse when I write it. Nauseating when I hear it. "It" being my mother's husband's name.
    Pray before you act.
    Sincerely,
    Makenzie Hee

  • @RyanSmith-yf4cv
    @RyanSmith-yf4cv 4 ปีที่แล้ว

    Can someone please help! I'm wanting to change my last name from my fathers to my mothers, I am 14 years old and my father (who I barley even know) will not agree to give his consent to let me change it because he's a piece of living crap, if we fill out everything and he doesn't agree and it goes to a hearing, would I need an attorney? Would there be any extra fees? I live in Kentucky and I don't know how much the laws differ from each state. Thanks to anyone that can help!

    • @anonymoususer4866
      @anonymoususer4866 2 ปีที่แล้ว

      Im wondering if consent would even be necessary if mom has sole custody.

  • @javierbaltazar5130
    @javierbaltazar5130 2 ปีที่แล้ว

    Childsupport system sucks they don't even know how to be more aware for the child's 1 they don't see what they spending the child's money I understand house car food but mostly they don't even know we're the rest of the money the mothers are wasting it .2 it should be a total amount of child support money for the mother$ 450 who ever gets paid 19 to 24 .3 what Is driver license has to do if you dont pay child support

    • @anonymoususer4866
      @anonymoususer4866 2 ปีที่แล้ว

      😂🤣my ex makes the same type of complaints about child support. As if the two hundred dollars that get garnished every once in a while because he keeps quitting jobs to evade payment cover nails, hair, and the luxury lifestyle he accuses me of having with that chump change😂😂

  • @Fazzel
    @Fazzel 3 ปีที่แล้ว +1

    And then depending on the circumstances when the kid turns 18 they can change their name back. So more money for the lawyers.