Legal Question & Answers in Family Law in Michigan : hyphenating child's last name If my step daughter's last name is hyphenated You can also ask a court to hyphenate your child’s last name so it includes both parents’ last names. The first way is to get the consent of the mother. The statute further provides that if the parties disagree on the surname of the child, and both parents have custody, the surname selected by the father and the surname selected by the mother shall both be entered on the birth certificate, separated by a hyphen, with the selected names entered in alphabetical order. Did you know that you can ask a court to change your child’s last name if it is not the same as yours? In these circumstances, lots of cases can become contested over this issue. The court will take the mother and father’s last name and hyphenate it together. If you have a complex custody case where psychological issues or abuse may be in play, you might want to consider a child custody evaluation, If you are dealing with an international child custody dispute, and perhaps. If this doesn’t work, you can ask a court to change the child’s name over the objection of the mother under Article 6 of the NY Civil Rights Law. Relevance. Courts have continuing jurisdiction over child custody and visitation orders. Read on for more information about how to petition for a child's name change when only one parent is asking for the name change. Aspatore Books from Thomson Reuters Westlaw. In both of these cases, the court must decide what parent gets physical and legal custody of the minor child. Can a child with a hyphenated last name use either one in school? Now the father is suing me and wants to change my son's last name to his based only on paternity tests. When we go to mediation, I'd like to know the order of a hyphenated last name of a child. The surname of a child may be changed by parents acting jointly or, after divorce, in the absence of any order of the court to the contrary, by the parent having custody of that child. They decided to hyphenate. In some cases, the mother may want the child to have her last name whereas the father will want the child to have his last name. When we DID get married, I did not want to have to go through the hassle of changing their last name. Many courts are encouraging hyphenated last name to increase settlement in cases. Whereas legal custody, the court has to make a decision who gets to make the important decisions regarding how the child is raised. There are eight main factors a judge will consider. Judges don't change last names of children to the non-custodial Father's last name just because he wants it that way. If you are found to have repeatedly ignored a court order, you may be found in contempt of court. MISSOURI, ILLINOIS, KANSAS, & OKLAHOMA FAMILY LAW ATTORNEYS, Full Service Child Custody Representation, Charitable Giving and Community Involvement, Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Missouri, Illinois, Kansas and Oklahoma Child Custody Attorneys, Potential Pros and Cons of Divorce Mediation in the Midwest, Developing a Prenuptial Agreement in the Midwest, Common Questions About the Divorce Process in the Midwest. . Cons: Unless your child decides to incorporate the other parent's last name into his own child's name, ... You plan on giving baby that hyphenated last name. In most states, school and other legal paperwork MUST have the exact name as written on the birth certificate. The child has been using the hyphenated name for a number of years, and she is generally known in the community by her hyphenated name. About a week later, the trouble started. When making appointments or reservations, it's important to clarify you have a hyphenated last name to make it easier for the other person. As a compromise, more courts are entertaining the … Does the child get the last name of the father or of the mother? Post-Doctoral Degree. Your odds increase somewhat if you can prove your child will benefit from the change. A divorce and custody battle would be … The court will take the mother and father’s last name and hyphenate it together. Custody would only make a difference if I wasn't going to include a response from him, which, if you read my post, you would see that I am going to have that included. The suspect is in custody: 3. If you need a Child Custody Attorney in Missouri, Illinois, Kansas, or Oklahoma, contact Stange Law Firm, PC today at 1-855-805-0595. Here are a few fun facts: 1. If a mother with sole custody divorces the natural father and remarries, a judge is likely to favor changing the child’s surname to that of the stepfather if other factors support the change. Periodically a client will ask if it is possible to change their child’s last name, from their former spouses’ name to their own, for example changing the child’s last name to their maiden name so the child and parent have the same last name. I just hope Toby likes it. This field is for validation purposes and should be left unchanged. The court also decides on how child support is going to work. Judges have done so in the past because the hyphenated name becomes a symbolic reminder to the child of his or her relationship with … Can I hyphenate my last name without legally changing it? Can I legally change the last name and ta … read more. Favorite Answer "I live in Ontario Canada, I don't need my ex's permission to apply to have their last name … The use of the hyphenated name will be a symbolic reminder of, and source of identification and association with, both her father and her mother, the mother having always been the child’s custodial parent. First, his health insurance card came with just the second half of his hyphenated name, and when I called to let them know there was a mistake, I was told their … With this outcome, the Child can, as the Juvenile Court stated in explaining its ruling, “be called by the last name of both strong families.” The evidence does not preponderate against the Juvenile Court’s finding that changing the Child’s surname to a hyphenated name … Getting visitation rights means drafting a parenting plan that works. Check with your own state's bureau to make sure that your paternity affidavit is on file, which also is where you'll go to add a parent to your child's birth certificate. Please read and comprehend before responding. In this case, the mother was permitted to change her son’s last name to be hyphenated with both hers and the father’s last names. (716) 849-5915 | Attorney Advertising | Disclaimer© 2015-2019 Phillips Law Firm, P.C. And why, exactly, would a son with a hyphenated last name have to change his name when he gets married? People with hyphenated surnames face quandaries when giving their own children a last name: some follow tradition, and some get creative. Thus, to require the child to revert back to the surname given to her at birth … Tagged: Father's Rights, Name Change, Civil Rights Law, Phillips Law Firm, P.C.112 Franklin Street, Buffalo, NY 14202. Judges have done so in the past because the hyphenated name becomes a symbolic reminder to the child of his or her relationship with both the father and mother. The child may carry the mother’s last name, father’s last name, or a hyphenated last name. If you or someone you know wants to change their child’s last name, please contact us. Georgetown Lawyer. The father of my child denied paternity while I was pregnant and up until 6 months of my child's life. Re: Hyphenating my child`s last name. Where both parents cannot agree upon a surname for a child at the time of a child’s birth, both parents have the legal right to provide a surname for the child, with the child’s name being alphabetically hyphenated to reflect the name chosen by both parents. I only use Smith as her last name on … My child has the last name of both father and mother. Pros: There'll be … The analysis is fact-sensitive and will vary from case to case. If you have jurisdictional issues involving your custody case, you will want an attorney familiar with the UCCJEA. Also, who is going to be paying for the child’s health care, education, and extracurricular costs and in what percentages? But, if the father chooses to wait to file the paternity cases until after the child has started school, or the court is not very confident that the father is going to be in the child’s life, the court may find it in the best interest of the child to have the given mother’s last name. Most states allow any name to be placed on a child's birth certificate. If, therefore, the mother has custody of the child and remarries, she may cause the child to be known by the surname of her new husband, even though he is Failure to do so can put your time with your child in jeopardy. Marry her. When you choose us, you don’t have to sacrifice quality or service. When it is over, When married parents decide to divorce, their roles and responsibilities remain unchanged. If you are not the biological parents, in certain cases all may not be lost. If you are the father of a child whose last name is different than yours, there are two main ways to change the child’s last name. This includes first, middle, and last names. There is a general rule, however: the younger the child is, the more likely the last name will be that of the father’s. So my son has my last name. bw022. You might have a right to third party custody in certain situations. Principal Attorney. N.J.A.C. To get to the point, if this is REALLY IMPORTANT TO YOU --as hard as it may seem, the easiest (and maybe ONLY) way to give your child your last name is to MAKE UP and get back together with her. Many courts are encouraging hyphenated last name to increase settlement in cases. Contact us online or by calling us at one of our convenient locations throughout the Midwest. :) This past Thursday, the New York Times featured a fascinating article about hyphenated names. Your legal right to change your child’s last name does not depend on your custody arrangement. The non-consenting parent must be served with copies of the name change papers and given a chance to object. In that case the parent seeking the name cha nge has the onus to prove that the name change is in the best interests of the child. The child considers her last name to be Esquenazi-Eberhardt as evidenced by, among other things, the fact that she regularly writes the hyphenated name. Joint guardianship and joint custody If parents have joint custody, then it is up to the guardian who is making the application to prove that a change of name is in the best interests of the child. … Often called parenting time, visitation is the amount of time a noncustodial parent spends with his or her child. my daughter was born out of wedlock and her last name is hyphenated. The hyphenated name becomes a reminder of the ethics heritage of both parents. Given both circumstance, and increasing compromise between both parents in a paternity case is to hyphenate the last name. For example, if your last name is Smith and the mother’s last name is Brown, a judge could change your child’s name to Smith-Brown. After a judge sided with the father in October — declaring that “as a matter of his welfare, a hyphenated surname would benefit the child possessing an … This can result in difficult child custody cases with transportation at issue. 9 years ago. This word can be hyphenated and contains 2 syllables as shown below. See additional disclaimers here. Hyphenating a child’s last name is still a pretty rare thing to do. . Divorce is an incredibly difficult experience that requires a significant investment of time, money, and energy to see through to completion. My child is aware of the last name but REFUSES to use the father's last name. I fully expected us to get married at some point 3. So, when a parent wants to move, it is usually necessary to get the court's permission first. The hyphenated name will also be a reminder of the ethnic heritage of both parents, as well as her half-siblings on each side . This is especially true if the child hasn’t started school yet. If a parent fails to follow a child custody order, it may be possible to take him or her to court to enforce the order. If your child can't just tack on another hyphen, then they … 8:2-1.4 (a) (2). Parents are often concerns about their parental rights, especially fathers in certain circumstances. If you are being denied access to your children, you may want to consider a family access motion. Wondering how to hyphenate the English word custody? A state of being confined (usually for a short time) His detention was politically motivated The prisoner is on hold He is in the custody of police: 2. If you’re an unmarried parent, we have an article that may help: Children of Unmarried Parents. 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