Quizzes & Puzzles2 mins ago
Can sons name be changed without fathers permission?
My son and his partner had a child. The child has got my sons surname on his birth certificate. A few weeks after my grandson was born, they split up. They should never have had a child together as they really were not suited.
My sons partner would not let him or us, his grandparents, see him. My son had to go to court to get access. He now has access because he loves his son, pays maintainance, and is not a threat to his son, nor his mother. My grandson is now 3 years old and talks non stop. Just lately, when asked what his name is, he gives his christian name and his mothers surname. When we
tell him that his name is my sons surname , he shakes his head and says "Not no more". This is very upsetting for us all especially my son. Can anyone tell me if the mother can legally change my grandsons name, without the fathers permission?
Thanks in advance
My sons partner would not let him or us, his grandparents, see him. My son had to go to court to get access. He now has access because he loves his son, pays maintainance, and is not a threat to his son, nor his mother. My grandson is now 3 years old and talks non stop. Just lately, when asked what his name is, he gives his christian name and his mothers surname. When we
tell him that his name is my sons surname , he shakes his head and says "Not no more". This is very upsetting for us all especially my son. Can anyone tell me if the mother can legally change my grandsons name, without the fathers permission?
Thanks in advance
Answers
Best Answer
No best answer has yet been selected by sambro. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.Does your son have joint parental responsibility? If he was born after 1.12.2003 and the birth was registered jointly by your son and the mother then your son does have reponsibility. Otherwise, he only has it if it was agreed with the mother, or if he got a Court order giving him responsibility.
If he does have responsibility AND there is a Court residence order in force then the name cannot be changed without his agreement. If necessary, he can apply to Court for a prohibited steps order to prevent the change.
Also, if there is a Court custody order in force it cannot be changed without the Court's agreement.
However, he needs to think about the impact on his son, because one name change has apparently already taken place which the son knows about - will he possibly be confused or adversely affected if the name has to be changed back?
If he does have responsibility AND there is a Court residence order in force then the name cannot be changed without his agreement. If necessary, he can apply to Court for a prohibited steps order to prevent the change.
Also, if there is a Court custody order in force it cannot be changed without the Court's agreement.
However, he needs to think about the impact on his son, because one name change has apparently already taken place which the son knows about - will he possibly be confused or adversely affected if the name has to be changed back?
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