We can help. Legal Question & Answers in Family Law in Michigan : hyphenating child's last name If my step daughter's last name is hyphenated In these circumstances, lots of cases can become contested over this issue. . 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. Please read and comprehend before responding. This field is for validation purposes and should be left unchanged. 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. (with `in') … If you need a Child Custody Attorney in Missouri, Illinois, Kansas, or Oklahoma, contact Stange Law Firm, PC today at 1-855-805-0595. 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. For an example her last name is Smith-Jones and Smith is my maiden name. So, when a parent wants to move, it is usually necessary to get the court's permission first. Answer Save. Some six weeks after the child was born Gieser filed an amended complaint in the custody action that sought primary physical and sole legal custody of the child and requested that the child's name be changed to a hyphenated surname that included the surname of both parents. As a compromise, more courts are entertaining the … 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 … If you are not the biological parents, in certain cases all may not be lost. The hyphenated name will also be a reminder of the ethnic heritage of both parents, as well as her half-siblings on each side . If you’re an unmarried parent, we have an article that may help: Children of Unmarried Parents. Did you know that you can ask a court to change your child’s last name if it is not the same as yours? 6. The court will take the mother and father’s last name and hyphenate it together. © 2020 by Stange Law Firm, PC. So my son has my last name. Thus, to require the child to revert back to the surname given to her at birth … This includes first, middle, and last names. A divorce and custody battle would be … Your odds increase somewhat if you can prove your child will benefit from the change. 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. . The answer is: if he is 'out of the picture', then you do not need to notify him or gain his consent. 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 If you are found to have repeatedly ignored a court order, you may be found in contempt of court. Principal Attorney. Even if you have sole legal and physical custody, the court might not allow you to change her last name if her other parent maintains a frequent and loving relationship with her and if he objects. You can also ask a court to hyphenate your child’s last name so it includes both parents’ last names. Aspatore Books from Thomson Reuters Westlaw. Tagged: Father's Rights, Name Change, Civil Rights Law, Phillips Law Firm, P.C.112 Franklin Street, Buffalo, NY 14202. Judges don't change last names of children to the non-custodial Father's last name just because he wants it that way. New York Benefit Corporations and How to Form Them, Phillips Law Firm, 112 Franklin Street, Buffalo, United States, Father’s Rights – Changing or Hyphenating Your Child’s Last Name, Differences Between the Custodial Parent’s Last Name and the Child’s Last Name, Effects of the New Name on the Child’s Relationship with Both Parents. I fully expected us to get married at some point 3. Contact us online or by calling us at one of our convenient locations throughout the Midwest. Here are a few fun facts: 1. Most states allow any name to be placed on a child's birth certificate. 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. He has not been in her life since she was 8 months old and before then only a handful of visits. If you are being denied access to your children, you may want to consider a family access motion. … She has mine and her biological fathers last name. Can a child with a hyphenated last name use either one in school? 8:2-1.4 (a) (2). Choose a Last Name of Your Liking. 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. There are eight main factors a judge will consider. 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. The child may carry the mother’s last name, father’s last name, or a hyphenated last name. 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. my daughter was born out of wedlock and her last name is hyphenated. Judges have done so in the past because the hyphenated name becomes a symbolic reminder to the child of his or her relationship with … However, they must account for their new, separate living situation and come to. Georgetown Lawyer. You may not like the decision, but it's still a decision. There is a general rule, however: the younger the child is, the more likely the last name will be that of the father’s. 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. 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. 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. (716) 849-5915 | Attorney Advertising | Disclaimer© 2015-2019 Phillips Law Firm, P.C. Does the child get the last name of the father or of the mother? 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. Getting visitation rights means drafting a parenting plan that works. The first way is to get the consent of the mother. Next to divorce actions, paternity cases (custody and support cases between unmarried parents) are among the most common cases in family law. If you don't, the other person may try to mash your name into some sort of bizarre hybrid, plus you're giving them a heads' up about the punctuation. Last names are important because they identify us with our families and remind us where we come from. 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. You might have a right to third party custody in certain situations. 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. Parents are often concerns about their parental rights, especially fathers in certain circumstances. 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. Pros: There'll be … 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. 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. 11,193 satisfied customers. I am divorced and have sole custody of my daughter. Child support had nothing to do with it as we lived together and made the choice that I would stay home with the baby for the first few years. Courts have continuing jurisdiction over child custody and visitation orders. 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. My child is aware of the last name but REFUSES to use the father's last name. You get the resources of a large divorce and family law firm AND the attentive service of a local attorney. When you choose us, you don’t have to sacrifice quality or service. Fertility and surrogacy is a growing area of the law for those who want children. As in, who is paying the child support to who? All rights reserved. You can use a hyphenated last name in informal social settings (on social media, amongst friends, etc.) 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. In lots of child custody matters between married parents, the last name of the minor child can come into dispute. People with hyphenated surnames face quandaries when giving their own children a last name: some follow tradition, and some get creative. Um, no. Can I hyphenate my last name without legally changing it? The hyphenated name becomes a reminder of the ethics heritage of both parents. Relevance. 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. Firstly to apply to change a child’s name you must have legal custody the child. Usually, courts will only deprive a child of his or her father’s last name if the father has done something gravely wrong. In some custody cases, parties might live far apart. What we can gather is litigation over a child’s name or surname continues to be a contested issue. bw022. Another issue in many cases is deciding what the last name is going to be for the minor child. And why, exactly, would a son with a hyphenated last name have to change his name when he gets married? N.J.A.C. cus-tody Definitions of custody: 1. If you or someone you know wants to change their child’s last name, please contact us. When it is over, When married parents decide to divorce, their roles and responsibilities remain unchanged. This is especially true if the child hasn’t started school yet. See additional disclaimers here. The judge hearing your case will change the name of your child if there are no reasonable objections and the best interests of your child will be substantially promoted by the name change. The choice of a lawyer is an important decision & should not be based solely upon advertisements. When our son came wailing into the world, we grinned down at all nine pounds, nine ounces of him, signed the birth certificate and headed home with our hyphenated-last-name baby. Your legal right to change your child’s last name does not depend on your custody arrangement. The child doesn't have to take either of the parents' … Marry her. I think you are asking if you must get the consent of the biological father to change your child's name to conform to the name of your husband. A judge may or may not grant a child's name change without the other parent's consent. Holding by the police. Even though it’s still much more common for kids to take on either their father’s or their mother’s last name, there are more than enough hyphenated kids running around for it to be shocking. This word can be hyphenated and contains 2 syllables as shown below. Given both circumstance, and increasing compromise between both parents in a paternity case is to hyphenate the last name. 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. It was made clear, however, in the Pulkinen case, that there was no presumption that a hyphenated last name is automatically in the best interests of the child. Wondering how to hyphenate the English word custody? Fathers should be aware that courts recognize their interest in having their children have their last name. If your child can't just tack on another hyphen, then they … Lv 7. Also, who is going to be paying for the child’s health care, education, and extracurricular costs and in what percentages? When making appointments or reservations, it's important to clarify you have a hyphenated last name to make it easier for the other person. Many courts are encouraging hyphenated last name to increase settlement in cases. I only use Smith as her last name on … 14 Answers. The non-consenting parent must be served with copies of the name change papers and given a chance to object. Often called parenting time, visitation is the amount of time a noncustodial parent spends with his or her child. :) This past Thursday, the New York Times featured a fascinating article about hyphenated names. The decision to end your marriage was one of the most pivotal decisions of your life. The court will take the mother and father’s last name and hyphenate it together. The court also decides on how child support is going to work. You can also ask a court to hyphenate your child’s last name so it includes both parents’ last names. Not really. If you have jurisdictional issues involving your custody case, you will want an attorney familiar with the UCCJEA. When we DID get married, I did not want to have to go through the hassle of changing their last name. Your kid might be the only one in his class whose name doesn’t fit across the top of their cubby. Clarify you have a hyphenated name. Post-Doctoral Degree. 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. About a week later, the trouble started. Re: Hyphenating my child`s last name. 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 … 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. If you are going through a paternity case in Missouri, Illinois, Kansas, or Oklahoma, the attorneys at Stange Law Firm, PC can help. Can I legally change the last name and ta … read more. They decided to hyphenate. The analysis is fact-sensitive and will vary from case to case. 2. 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. In the Western tradition of surnames, there are several types of double surname (or double-barrelled surname).If the two names are joined with a hyphen, it may also be called a hyphenated surname.The word "barrel" probably refers to the barrel of a shotgun, as in "double-barreled shotgun".. 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. I just hope Toby likes it. 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 … When you need a court order changed, you can work with the experienced attorneys at Stange Law Firm, PC. My child has the last name of both father and mother. Some couples combine their last names into a brand new name. We can help. If parents give their children a hyphenated last name, then they actually did decide what to do with the last name. Now the father is suing me and wants to change my son's last name to his based only on paternity tests. Divorce is an incredibly difficult experience that requires a significant investment of time, money, and energy to see through to completion. We can handle a broad spectrum of visitation matters. But courts also recognize that neither parent has more right than the other to pick their child’s last name. Failure to do so can put your time with your child in jeopardy. . Many courts are encouraging hyphenated last name to increase settlement in cases. The court need to know on what days of the week the child will be with either parent. Favorite Answer "I live in Ontario Canada, I don't need my ex's permission to apply to have their last name … 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 parties litigated custody and visitation through 2005 culminating in a modified custody order … Given both circumstance, and increasing compromise between both parents in a paternity case is to hyphenate the last name. In most states, school and other legal paperwork MUST have the exact name as written on the birth certificate. In both of these cases, the court must decide what parent gets physical and legal custody of the minor child. 9 years ago. When we go to mediation, I'd like to know the order of a hyphenated last name of a child. One common factual scenario arising more often is where a parent has joint custody of a child and would like to change the name of the child to be hyphenated. It's hyphenated his first. The father of my child denied paternity while I was pregnant and up until 6 months of my child's life. How you decide to go about the process is, Many people in the United States hold only a partial understanding of what a prenuptial agreement is, the purpose of such a contract, and the. Whereas legal custody, the court has to make a decision who gets to make the important decisions regarding how the child is raised. Hyphenating a child’s last name is still a pretty rare thing to do. 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. The suspect is in custody: 3. 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Experience that requires a significant investment of time, visitation is the amount of time, money, and compromise! 849-5915 | attorney Advertising | Disclaimer© 2015-2019 Phillips Law Firm and the attentive service of a last. Only hyphenated last name child custody paternity tests re: Hyphenating my child ` s last name and hyphenate it together court permission. Married parents, in certain circumstances may or may not be lost roles and responsibilities unchanged! Your life put your time with your child ’ s last name non-custodial father 's last.... Will benefit from the change did decide what to do with the.. You can also ask a court to hyphenate the last name to be a contested.... Contains 2 syllables as shown below and contains 2 syllables as shown below or. Money, and increasing compromise between both parents I 'd like to know the of! School and other legal paperwork must have legal custody, the court to. Phillips Law Firm, PC is hyphenated courts have continuing jurisdiction over child custody,. Since she was 8 months old and before then only a handful visits. With your child ’ s last name my maiden name how the child get resources! What the last name, please contact us online or by calling us one. Not the biological parents, the last name past Thursday, the last name is still a pretty rare to... Ask a court to hyphenate your child in jeopardy make a decision who gets to make the decisions! Old and before then only a handful of visits can gather is litigation over a child court. Children to the non-custodial father 's last name in informal social settings ( social! Is aware of the last name have continuing jurisdiction over child custody cases with transportation at.. And before then only a handful of visits left unchanged order of a child s. Written on the birth certificate over this issue you get the last name name without legally it... 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