Just after some help.
Ex DH sees DS sporatically and not unsupervised.
DP and I are pregnant and I want to change DS's surname to DP's as it will be the same as his brothers when he is born in Oct/Nov. I need to get my ex DH's permission yeah?
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24-07-2012 15:51 #1
Changing DS's surname
24-07-2012 16:18 #2
I was in the same position with DS1. He wanted to have the same surname as me, DH and his sister. Unfortunately, I had no idea where to find his natural father as he'd moved away and had no contact and was scared really to do so.
I found, most places would accept his preferred name but obviously he was still legally under the original (which was my maiden name anyway) He now even has his tax file details with the new name (he's now 15) Centrelink and Medicare and his bank account are the only ones who use his old name but he is known as my DH's surname everywhere else, even school.
But yes, to legally change it, you will need to ask your ex and he needs to give permission for the change.
31-07-2012 13:47 #3
I'm in the middle of legal proceedings to change DS's name for a lot of similar reasons to you. I've copied a response that I made last week to someone who wanted to change their child's name to their own. Thought it might be interesting??
I think you should start a journal stating the EXACT relationship and contact..
This was my response -
You are able to call your child by her "new" hyphenated name as you wish but if your ex finds out and is not happy he can apply to the courts to stop you from doing this. A child's name is NOT allowed to be changed without both parents on the birth certificates signatures.
Your daughter can use her hyphenate name but you will still have to enrol her in EVERYTHING (school, medicare, doctor etc, flights etc) as her birth name.
If you are 100% convinced that it is HER best interests to have her name altered then you must first attempt mediation with your ex. You should also gather evidence to support your case, which can then be used later on in court if an agreement is unable to be made during mediation.
You really should get a psychological report done by a qualified psychologist who can support that it is in fact in the best interest of the child. The psychologist should see the child on numerous occasions.
You should also get letters from teachers, doctors etc to also state that they believe it is in the best interest of the child.
You also have to write an affidavit supporting why you think it should be changed. This should include the fact that you support her relationship with her father.
The minute a judge gets a sniff of malice or ill intent you will be thrown out. People try and do this all the time so you need to have a water tight case to present.
If you can afford a lawyer I would strongly recommend it, it's not an easy process.
If you are unable to do any of this I wouldn't bother to be honest.
31-07-2012 13:49 #4
Subbing. I started the process for this many years ago but never finished it.
31-07-2012 13:51 #5
31-07-2012 13:53 #6
31-07-2012 13:59 #7
31-07-2012 14:00 #8
The Following User Says Thank You to Ffrenchknickers For This Useful Post:
31-07-2012 14:00 #9
Thanks FOBS.. WOW what a process? I have dirt on exdh so I was just gunna be a bish and use that on him.. LOL
I am not yet divorced from him because even though DP and I are expecting, next month it will only be a year since ex dh and I split. I have been told the divorce will take a few months to be finalised so I guess I will be giving birth to DP's baby still married to another man. Lovely.
31-07-2012 14:03 #10
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