My son took my maiden name, but his father, who I never married, wants to change it to his. I have full custody of my son and he doesn't want to change it. Is he legally bound to change it?
by 
Jesselyn Batts
ANSWERS: 1
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No, he is not "legally bound to change it". It would certainly require undertaking a legal change of name process to change your son's family name. It is not the same process as a spouse goes through to change his or her family name to that of his or her partner. And it doesn't really matter if you married the father or not. If you have full legal custody of your child and your child is a minor, a legal name change cannot be executed without your co-operation. If the father tried to do it and hid your legal rights in the matter from the court, the name change would be overturned. If your son in quite young (pre-teen), the father is pretty much out of luck if you oppose the issue. If your son has reached the age of majority, the decision is his and his alone. He would have to initiate the process and follow it through. However, if you son lies in an age somewhere between the age of majority and the early teens, his opinion on the matter would be considered by a court of law. If he did not want to change his name, the court would most likely recognize his wishes.
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