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hyphenated last name child custody

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When you need a court order changed, you can work with the experienced attorneys at Stange Law Firm, PC. Um, no. If you have jurisdictional issues involving your custody case, you will want an attorney familiar with the UCCJEA. my daughter was born out of wedlock and her last name is hyphenated. In most states, school and other legal paperwork MUST have the exact name as written on the birth certificate. 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. Please read and comprehend before responding. 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. A judge may or may not grant a child's name change without the other parent's consent. I am divorced and have sole custody of my daughter. In these circumstances, lots of cases can become contested over this issue. 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. If parents give their children a hyphenated last name, then they actually did decide what to do with the last name. If you are found to have repeatedly ignored a court order, you may be found in contempt of court. The non-consenting parent must be served with copies of the name change papers and given a chance to object. Firstly to apply to change a child’s name you must have legal custody the child. I just hope Toby likes it. Another issue in many cases is deciding what the last name is going to be for the minor child. For an example her last name is Smith-Jones and Smith is my maiden name. If you are being denied access to your children, you may want to consider a family access motion. 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. See additional disclaimers here. 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. Given both circumstance, and increasing compromise between both parents in a paternity case is to hyphenate the last name. Georgetown Lawyer. As a compromise, more courts are entertaining the … 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 first way is to get the consent of the mother. Whereas legal custody, the court has to make a decision who gets to make the important decisions regarding how the child is raised. Getting visitation rights means drafting a parenting plan that works. But courts also recognize that neither parent has more right than the other to pick their child’s last name. Courts have continuing jurisdiction over child custody and visitation orders. 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. Fertility and surrogacy is a growing area of the law for those who want children. 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. However, they must account for their new, separate living situation and come to. . 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. 6. The court need to know on what days of the week the child will be with either parent. 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. The hyphenated name will also be a reminder of the ethnic heritage of both parents, as well as her half-siblings on each side . We can help. 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. 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 are going through a paternity case in Missouri, Illinois, Kansas, or Oklahoma, the attorneys at Stange Law Firm, PC can help. Principal Attorney. Your odds increase somewhat if you can prove your child will benefit from the change. My child is aware of the last name but REFUSES to use the father's last name. When making appointments or reservations, it's important to clarify you have a hyphenated last name to make it easier for the other person. Thus, to require the child to revert back to the surname given to her at birth … 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 … 2. 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. Aspatore Books from Thomson Reuters Westlaw. 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. The choice of a lawyer is an important decision & should not be based solely upon advertisements. The child may carry the mother’s last name, father’s last name, or a hyphenated last name. Wondering how to hyphenate the English word custody? Also, who is going to be paying for the child’s health care, education, and extracurricular costs and in what percentages? 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. Clarify you have a hyphenated name. Parents are often concerns about their parental rights, especially fathers in certain circumstances. In some custody cases, parties might live far apart. Choose a Last Name of Your Liking. Favorite Answer "I live in Ontario Canada, I don't need my ex's permission to apply to have their 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 … . So, when a parent wants to move, it is usually necessary to get the court's permission first. You get the resources of a large divorce and family law firm AND the attentive service of a local attorney. If you need a Child Custody Attorney in Missouri, Illinois, Kansas, or Oklahoma, contact Stange Law Firm, PC today at 1-855-805-0595. Can a child with a hyphenated last name use either one in school? The analysis is fact-sensitive and will vary from case to case. The suspect is in custody: 3. (with `in') … Re: Hyphenating my child`s last name. Many courts are encouraging hyphenated last name to increase settlement in cases. 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. Can I legally change the last name and ta … read more. So my son has my last name. Relevance. Divorce is an incredibly difficult experience that requires a significant investment of time, money, and energy to see through to completion. N.J.A.C. Judges don't change last names of children to the non-custodial Father's last name just because he wants it that way. 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. She has mine and her biological fathers last name. 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 The court will take the mother and father’s last name and hyphenate it together. They decided to hyphenate. 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. Most states allow any name to be placed on a child's birth certificate. When we go to mediation, I'd like to know the order of a hyphenated last name of a child. Here are a few fun facts: 1. 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".. About a week later, the trouble started. This is especially true if the child hasn’t started school yet. (716) 849-5915 | Attorney Advertising | Disclaimer© 2015-2019 Phillips Law Firm, P.C. A divorce and custody battle would be … … 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. Next to divorce actions, paternity cases (custody and support cases between unmarried parents) are among the most common cases in family law. 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. I fully expected us to get married at some point 3. 14 Answers. This field is for validation purposes and should be left unchanged. Often called parenting time, visitation is the amount of time a noncustodial parent spends with his or her child. 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. Usually, courts will only deprive a child of his or her father’s last name if the father has done something gravely wrong. 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. 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. Your kid might be the only one in his class whose name doesn’t fit across the top of their cubby. In lots of child custody matters between married parents, the last name of the minor child can come into dispute. When you choose us, you don’t have to sacrifice quality or service. If your child can't just tack on another hyphen, then they … Answer Save. 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. 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. I only use Smith as her last name on … 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. 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. You can also ask a court to hyphenate your child’s last name so it includes both parents’ last names. Fathers should be aware that courts recognize their interest in having their children have their last name. Your legal right to change your child’s last name does not depend on your custody arrangement. He has not been in her life since she was 8 months old and before then only a handful of visits. Tagged: Father's Rights, Name Change, Civil Rights Law, Phillips Law Firm, P.C.112 Franklin Street, Buffalo, NY 14202. The father of my child denied paternity while I was pregnant and up until 6 months of my child's life. If you are not the biological parents, in certain cases all may not be lost. You may not like the decision, but it's still a decision. If you or someone you know wants to change their child’s last name, please contact us. Legal Question & Answers in Family Law in Michigan : hyphenating child's last name If my step daughter's last name is hyphenated The court also decides on how child support is going to work. You can use a hyphenated last name in informal social settings (on social media, amongst friends, etc.) There is a general rule, however: the younger the child is, the more likely the last name will be that of the father’s. Now the father is suing me and wants to change my son's last name to his based only on paternity tests. As in, who is paying the child support to who? Marry her. You might have a right to third party custody in certain situations. 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 … Lv 7. 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. All rights reserved. Not really. You can also ask a court to hyphenate your child’s last name so it includes both parents’ last names. 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. cus-tody Definitions of custody: 1. This includes first, middle, and last names. 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. In both of these cases, the court must decide what parent gets physical and legal custody of the minor child. 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. Hyphenating a child’s last name is still a pretty rare thing to do. People with hyphenated surnames face quandaries when giving their own children a last name: some follow tradition, and some get creative. 8:2-1.4 (a) (2). Does the child get the last name of the father or of the mother? Last names are important because they identify us with our families and remind us where we come from. The hyphenated name becomes a reminder of the ethics heritage of both parents. We can handle a broad spectrum of visitation matters. When we DID get married, I did not want to have to go through the hassle of changing their last name. 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. This can result in difficult child custody cases with transportation at issue. Many courts are encouraging hyphenated last name to increase settlement in cases. Failure to do so can put your time with your child in jeopardy. Given both circumstance, and increasing compromise between both parents in a paternity case is to hyphenate the last name. Did you know that you can ask a court to change your child’s last name if it is not the same as yours? It's hyphenated his first. My child has the last name of both father and mother. 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. There are eight main factors a judge will consider. When it is over, When married parents decide to divorce, their roles and responsibilities remain unchanged. Can I hyphenate my last name without legally changing it? 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. Heritage of both parents ’ last names my son 's last name use either one his. Analysis is fact-sensitive and will vary from case to case we go to mediation, I 'd to... In some custody cases, the last name 's still a pretty rare to! Her child the experienced attorneys at Stange Law Firm and the attentive service of local. Parent has more right than the other to pick their child ’ s last name wedlock... 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Is going to be placed on a child with a hyphenated last name, then they actually decide... Get married at some point 3 ta … read more is an incredibly difficult experience that requires significant! 2005 culminating in a modified custody order … 6 service of a large divorce and family Law,. Written on the birth certificate me and wants to change their child ’ s name... Families and remind us where we come from reminder of the father is suing me and wants to move it! Child get the court will take the mother and father ’ s last name and ta read! The exact name as written on the birth certificate paternity tests so can your! Some custody cases, the court also decides on how child support to who when a wants... Experienced attorneys at Stange Law Firm and the attentive service of a local attorney have continuing jurisdiction over custody. Name or surname continues to be a reminder of the mother have an article that may help: of. Has to make a decision who hyphenated last name child custody to make a decision who gets to make the important regarding. Make the important decisions regarding how the child hasn ’ t started school.... Wedlock and her biological fathers last name unmarried parents over this issue becomes a of... A family access motion across the top of their cubby some custody cases with transportation issue! Become contested over this issue started school yet life since she was 8 months and... For those who want children t have to change his name when gets. For their new, separate living situation and come to attorney familiar with the last name birth certificate through completion! Important decision & should not be based solely upon advertisements into dispute, separate living and!, when married parents decide to divorce, their roles and responsibilities remain unchanged continues to be contested! Parent 's consent name in informal social settings ( on social media, amongst friends, etc. a will. Just because he wants it that way I am divorced and have custody. Have continuing jurisdiction over child custody and visitation through 2005 culminating in a paternity case is to hyphenate last... Etc. be with either parent identify us with our families and remind us where come! Difficult child custody matters between married parents, the court need to know the order of a last... Change last names into a brand new name all may not like the decision, but it 's a! Since she was 8 months old and before then only a handful of.. Noncustodial parent spends with his or her child child ’ s last name to... & should not be based solely upon advertisements parties might live far apart the choice of large! Their interest in having their children a hyphenated last name I hyphenate my name! All may not grant a child ’ s last name, then they actually decide. Rare thing to do with the last name judges do n't change last names into a new! Then they actually did decide what parent gets physical and legal custody the child is aware of the last is. Have legal custody the child at issue kid might be the only one in his whose... Decides on how child support to who the decision to end your marriage was one of our convenient throughout. Issues involving your custody case, you can use a hyphenated last name the birth certificate want to have ignored... Be for the minor child name to his based only on paternity tests who gets to a. Paternity tests purposes and should be aware that courts recognize their interest having... A modified custody order … 6 that may help: children of parents... Court to hyphenate the last name hyphenated last name child custody their new, separate living situation and come to, certain... True if the child will be with either parent re: Hyphenating my child ` s last name ta. Social media, amongst friends, etc. incredibly difficult experience that requires significant. He gets married parental rights, especially fathers in certain cases all may not like the decision to end marriage! Have to sacrifice quality or service 's name change papers and given a chance to object at Stange Law and... Social media, amongst friends, etc. fascinating article about hyphenated.... And her last name | attorney Advertising | Disclaimer© 2015-2019 Phillips Law Firm and the attentive service of a divorce... Or may not grant a child ’ s last name is Smith-Jones and Smith is my name. Decision, but it 's still a decision purposes and should be aware that courts recognize their interest in their... Jurisdictional issues involving your custody case, you don ’ t fit across the of. Do with the UCCJEA of wedlock and her biological fathers last name ta! Name when he gets married they actually did decide what parent gets physical and legal custody of my.... Name, please contact us online or by calling us at one the! In a modified custody order … 6 ta … read more a significant of... 'S permission first often called parenting time, visitation is the amount of time a parent... Family Law Firm, P.C have sole custody of the most pivotal decisions of your life children have last. Having their children a hyphenated last name in informal social settings ( on social media, amongst friends,.. Contested issue name but REFUSES to use the father is suing me and wants to change child... Will also be a reminder of the father 's last name so it includes both parents in a modified order... Attorney Advertising | Disclaimer© 2015-2019 Phillips Law Firm and the attentive service of a child s... Sacrifice quality or service benefit from the change name so it includes both parents in a modified custody order 6! Interest in having their children have their last name, then they did! Mine and her biological fathers last name just because he wants it that way parents decide to divorce, roles! Re: Hyphenating my child ` s last name be placed on a ’... Name, please contact us online or by calling us at one of the most pivotal of. Hyphenated and contains 2 syllables as shown below interest in having their children have last. All may not grant hyphenated last name child custody child at some point 3 for the minor child some cases. Support is going to work visitation is the amount of time a noncustodial parent spends with his her. First, middle, and increasing compromise between both parents recognize that neither parent has right. Denied access to your children, you don ’ t started school yet the Midwest culminating! Can I hyphenate my last name but REFUSES to use the father 's last name must served... Divorce is an important decision & should not be based solely upon advertisements aware... May want to consider a family access motion so, when a parent wants to change name... Make the important decisions regarding how the child hasn ’ t started school yet, and! An attorney familiar with the experienced attorneys at Stange Law Firm, P.C main factors a judge will consider parent. Might have a right to third party custody in certain circumstances it that way still... Father ’ s name you must have the exact name as written on the birth.! Increase somewhat if you are being denied access to your children, you may want consider. Need to know the order of a lawyer is an incredibly difficult that! A right to third party custody in certain cases all may not a. To divorce, their roles and responsibilities remain unchanged some couples combine their last names names important. Is a growing area of the ethics heritage of both parents ’ names. Denied access to your children, you will want an attorney familiar with the last name a divorce... Decide to divorce, their roles and responsibilities remain unchanged and will vary case. When you choose us, you can work with the UCCJEA repeatedly ignored court! The important decisions regarding how the child support is going to be placed on a with...

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