name change minor of 2yrs

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Teddy123

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I cannot find an attorney to help me with a name change for my son. I have primary physical custody and the father sees him on occasion. I left the father when he was 8 weeks old. The name on the birth certificate is the fathers name. We couldn't decide on a first name and he wouldn't hear of his last name being other than his. When I left the father I had a very hard time addressing my baby with the fathers name because of the rough relationship I had with him. I didn't want that to get in the way of me bonding with my newborn baby. So I renamed him, started calling him by another name and now he's two and answers to that name. I have called every attorney within a 60 mile radius and no one seems to want to help. Also I mailed the certificate in for the name change when he was 8 weeks because there was no court order and I had the right to change it without the fathers concent. Now the dept. of records says they never received it and they are difficult to reach now. help greatly appreciated.
 
Why bother?
I understand your concerns, but this isn't worth the effort.
If your child's name was William, you can call him Billy, Willy, Buzzy, or Fuzzy.
You don't need to change the birth certificate.
The child responds to the name you've used.
If his name on the BC was: Robert William Green, you don't use all of those names when calling him.

But, if you want to legally change his name you can do two things:
1) Wait until he's 18 years old, and he can change his own name.
2) You can change YOUR name, and the child will have his name changed by force of law.

If you choose option 2, you are not required to get the father's permission to change your child's name, as you have legal custody!


§ 702. Change by order of court.

The court of common pleas of any county may by order change the name of any person resident in the county.

§ 703. Effect on children.

(a) General rule.- Whenever an order is made under this chapter changing the surname of anyone who is at the time thereof the parent of a minor child or adopted minor child, then under the care of such parent, the new surname of such parent shall, unless otherwise ordered by the court, thereafter be borne likewise by such minor child.

(b) Further change on attaining majority.-Any minor child whose surname has been changed pursuant to subsection (a) upon attaining majority shall also be entitled to the benefits of section 702 (relating to change by order of court).

http://www.the-law-store.com/pennamchanki.html

http://www.the-law-store.com/pennamchanki1.html

http://www.namechangelaw.com/PA/flc.htm
 
forgot to mention

we both have legal custody where we make the descisions so on. I have primary physical custody and the father visitation.
 
we both have legal custody where we make the descisions so on. I have primary physical custody and the father visitation.

Read the information I provided for your perusal in the quote box above.

Pennsylvania law speaks clearly on your ability to have the child's name changed.

Your additional information will not stop you from getting the child's name changed, if you change yours.
 
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no

Why bother?
I understand your concerns, but this isn't worth the effort.
If your child's name was William, you can call him Billy, Willy, Buzzy, or Fuzzy.
You don't need to change the birth certificate.
The child responds to the name you've used.
If his name on the BC was: Robert William Green, you don't use all of those names when calling him.

But, if you want to legally change his name you can do two things:
1) Wait until he's 18 years old, and he can change his own name.
2) You can change YOUR name, and the child will have his name changed by force of law.

If you choose option 2, you are not required to get the father's permission to change your child's name, as you have legal custody!




http://www.the-law-store.com/pennamchanki.html

http://www.the-law-store.com/pennamchanki1.html

http://www.namechangelaw.com/PA/flc.htm

wrong. she DOES need dads permission to change the child's name. why do you think that just because she gave birth that she controls everything/ she doesnt. this child has another parent who has just as much say as to the child's name as she does
 
wrong. she DOES need dads permission to change the child's name. why do you think that just because she gave birth that she controls everything/ she doesnt. this child has another parent who has just as much say as to the child's name as she does

Do you actually read the post before posting your crap??

Earth to Kelly!! Sometimes your "cookie cutter" catch of "advice" does NOT apply.

BTW: Has the Mental Hospital that you haved lived in for the past 5 years or so evaluated your ability to use the computer??? :rolleyes:
 
wrong. she DOES need dads permission to change the child's name. why do you think that just because she gave birth that she controls everything/ she doesnt. this child has another parent who has just as much say as to the child's name as she does


You're rather repetitive.

You're also a droll, boring, unlearned, ill-informed, person; aren't you?

Most people of your ilk try to conceal their ignorance.

You, on the other hand, eagerly display it for the entertainment, bewilderment, and amusement of all.

Unfortunately for you, the legislature of Pennsylvania disagrees.
 
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Bay,

Maybe we should get Lonely and Super powers girl together. They might like each other.
 
do I need an attorney for the last name change

can I file the name change myself. If the law states that his last name can match mine then can I do this now or do I have to wait to marry again? will the court grant my last name if I never intend to change it again.
 
I'm also moving to new york state to continue a masters degree next year. Is new york more understanding of these situations?
 
Yes, you can do this pro se.

If your last name changes, his can be changed, too.

It doesn't matter why your name chanes or how, if it does his can be changed to yours.

You might want a legal name change, his can be changed.

Doesn't have to be by marriage.

I didn't research NY law.


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Pennsylvania Code
Sec. 706. Change of name of individual.
(a) Petition for change of name.-Any person desiring to change his or her name shall file a petition in the court of common pleas of the county in which he or she shall reside, setting forth such desire and intention and the reason therefore, together with the residence of petitioner, and his or her residence or residences for and during five years prior thereto. Where the petitioner is a married person, the other spouse may join as a party petitioner, in which event, upon compliance with the provisions of this section, said spouse shall also be entitled to the benefits hereof. The court shall, thereupon, enter an order directing that notice be given of the filing of said petition and of the day set for the hearing thereon, which hearing shall be not less than one month or more than three months after the filing of said petition, and said notice shall be:
(1) Published in two newspapers of general circulation in said county or county contiguous thereto, one of which publications may be in the official paper for the publication of legal notices in said county.
(2) Given to any non-petitioning parent of a child whose name may be affected by the proceedings.
(b) Court hearing and decree.-At the hearing of said petition, any person having lawful objection to the change of name may appear and be heard. If the court be satisfied after said hearing that there is no lawful objection to the granting of the prayer of said petition, a decree may be entered by said court changing the name as prayed for, if at said hearing the petitioner or petitioners shall present to the court proof of publication of said notice as required by the order, together with official searches of the proper offices of the county wherein petitioner or petitioners reside and of any other county wherein petitioner or petitioners may have resided within five years of the filing of his or her petition for change of name, or a certificate in lieu thereof given by a corporation authorized by law to make such searches, showing that there are no judgments or decrees of record or any other matter of like character against said petitioner or petitioners.

The father will have to be notified, and will have the right to object. That doesn't mean the name can't be changed, but it isn't necessarily a slam dunk.
 
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