Can a child with a hyphenated last name use either one in school? my daughter was born out of wedlock and her last name is hyphenated. Favorite Answer "I live in Ontario Canada, I don't need my ex's permission to apply to have their last name … 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. 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. The first way is to get the consent of the mother. 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. If you are going through a paternity case in Missouri, Illinois, Kansas, or Oklahoma, the attorneys at Stange Law Firm, PC can help. 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. Here are a few fun facts: 1. Tagged: Father's Rights, Name Change, Civil Rights Law, Phillips Law Firm, P.C.112 Franklin Street, Buffalo, NY 14202. 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. This includes first, middle, and last names. 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. Answer Save. 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. The child may carry the mother’s last name, father’s last name, or a hyphenated last name. Principal Attorney. This field is for validation purposes and should be left unchanged. Courts have continuing jurisdiction over child custody and visitation orders. 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. 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. There are eight main factors a judge will consider. Did you know that you can ask a court to change your child’s last name if it is not the same as yours? 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. 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. In most states, school and other legal paperwork MUST have the exact name as written on the birth certificate. Holding by the police. 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. Contact us online or by calling us at one of our convenient locations throughout the Midwest. 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 Post-Doctoral Degree. The court need to know on what days of the week the child will be with either parent. Given both circumstance, and increasing compromise between both parents in a paternity case is to hyphenate the last name. If you are found to have repeatedly ignored a court order, you may be found in contempt of court. 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. All rights reserved. As in, who is paying the child support to who? I only use Smith as her last name on … 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. When you need a court order changed, you can work with the experienced attorneys at Stange Law Firm, PC. 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. My child is aware of the last name but REFUSES to use the father's last name. (with `in') … The court will take the mother and father’s last name and hyphenate it together. This is especially true if the child hasn’t started school yet. The father of my child denied paternity while I was pregnant and up until 6 months of my child's life. 9 years ago. The suspect is in custody: 3. This can result in difficult child custody cases with transportation at issue. You can also ask a court to hyphenate your child’s last name so it includes both parents’ last names. See additional disclaimers here. For an example her last name is Smith-Jones and Smith is my maiden name. 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 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. 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. 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. Can I hyphenate my last name without legally changing it? Often called parenting time, visitation is the amount of time a noncustodial parent spends with his or her child. I just hope Toby likes it. Lv 7. A divorce and custody battle would be … (716) 849-5915 | Attorney Advertising | Disclaimer© 2015-2019 Phillips Law Firm, P.C. You can use a hyphenated last name in informal social settings (on social media, amongst friends, etc.) If you need a Child Custody Attorney in Missouri, Illinois, Kansas, or Oklahoma, contact Stange Law Firm, PC today at 1-855-805-0595. Failure to do so can put your time with your child in jeopardy. You can also ask a court to hyphenate your child’s last name so it includes both parents’ last names. Um, no. 14 Answers. 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. 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. bw022. Judges don't change last names of children to the non-custodial Father's last name just because he wants it that way. 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. 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. She has mine and her biological fathers last name. The court will take the mother and father’s last name and hyphenate it together. . Judges have done so in the past because the hyphenated name becomes a symbolic reminder to the child of his or her relationship with … Re: Hyphenating my child`s last name. 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 … Thus, to require the child to revert back to the surname given to her at birth … The hyphenated name will also be a reminder of the ethnic heritage of both parents, as well as her half-siblings on each side . 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".. 6. 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. In both of these cases, the court must decide what parent gets physical and legal custody of the minor child. © 2020 by Stange Law Firm, PC. If you’re an unmarried parent, we have an article that may help: Children of Unmarried Parents. The court also decides on how child support is going to work. Can I legally change the last name and ta … read more. But courts also recognize that neither parent has more right than the other to pick their child’s last name. If you are not the biological parents, in certain cases all may not be lost. 8:2-1.4 (a) (2). Most states allow any name to be placed on a child's birth certificate. 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. Fertility and surrogacy is a growing area of the law for those who want children. People with hyphenated surnames face quandaries when giving their own children a last name: some follow tradition, and some get creative. We can help. There is a general rule, however: the younger the child is, the more likely the last name will be that of the father’s. :) This past Thursday, the New York Times featured a fascinating article about hyphenated names. You get the resources of a large divorce and family law firm AND the attentive service of a local attorney. So, when a parent wants to move, it is usually necessary to get the court's permission first. When making appointments or reservations, it's important to clarify you have a hyphenated last name to make it easier for the other person. Your odds increase somewhat if you can prove your child will benefit from the change. It's hyphenated his first. Relevance. Getting visitation rights means drafting a parenting plan that works. 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. Usually, courts will only deprive a child of his or her father’s last name if the father has done something gravely wrong. Given both circumstance, and increasing compromise between both parents in a paternity case is to hyphenate the last name. Wondering how to hyphenate the English word custody? Next to divorce actions, paternity cases (custody and support cases between unmarried parents) are among the most common cases in family law. This word can be hyphenated and contains 2 syllables as shown below. Clarify you have a hyphenated name. When it is over, When married parents decide to divorce, their roles and responsibilities remain unchanged. The hyphenated name becomes a reminder of the ethics heritage of both parents. 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. 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. Pros: There'll be … Many courts are encouraging hyphenated last name to increase settlement in cases. In lots of child custody matters between married parents, the last name of the minor child can come into dispute. If you have jurisdictional issues involving your custody case, you will want an attorney familiar with the UCCJEA. 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. In these circumstances, lots of cases can become contested over this issue. . The analysis is fact-sensitive and will vary from case to case. 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. 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. 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 … About a week later, the trouble started. cus-tody Definitions of custody: 1. However, they must account for their new, separate living situation and come to. 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. Another issue in many cases is deciding what the last name is going to be for the minor child. Please read and comprehend before responding. Your legal right to change your child’s last name does not depend on your custody arrangement. Whereas legal custody, the court has to make a decision who gets to make the important decisions regarding how the child is raised. N.J.A.C. When we go to mediation, I'd like to know the order of a hyphenated last name of a child. 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. . 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