Name Change

[paddywak]

Can the gardians of a child legally change that childs name without the consent of the father? As often in this sort of case its quite complex but the maternal grandparents ended up with the child, at first everything was quite amicable but gradually the relationship with our friend (the paternal grandmother) and the father worsened untill they had to go to court to enforce visiting rights. then to cap it all they came up with this name change thing.Also the father has cleaned his act up, got a good job and has been in a stable relationship for 2-3 years and wants his son back what are his chances?

[pinktwink]

it depends on what basis his son was placed with the maternal grandparents is it court ordered. What legal rights has he to his son ?is he named on the birth cert does he have parental/guardian rights?

[paddywak]

I dont really know to much about the details, the maternal grand mother is my sisters sister in law, about the only thing I do know is that the father is named on the birth certificate as this was one thing I did ask, as to what other rights he has I dont know also the maternal gran has some visiting rights including having the child for week-ends on a regular basis

[pinktwink]

who does the child live with full time and what is their age. legally the childs name is whats on the birth cert. The father can apply for full or partial custody through the courts at any time, however if social services are involved he would need to link with them regarding his wishes

[Buenchico]

First, a list of dates:
15 April 2002 in Northern Ireland
1 December 2003 in England and Wales
4 May 2006 in Scotland

If the child was born on, or after, the relevant date in that list, the fact that the father's name appears on the birth certificate automatically gives him parental rights. The child's 'official' name (i.e. the one that's used on his passport, and other official documents) can't be changed without the consent of everyone who has parental responsibility. However the child's guardians can use any name they like for 'everyday' purposes.

For an expanded answer, please see my post here:
http://www.theanswerbank.co.uk/Law/Question762 014.html

Chris

[paddywak]

The child lives with the maternal grandparents, but what age they are I don't know. I believe the social sevices were initially involved as both parents were mixed in with a bad crowd (though nothing major) though the mother gradually got worse and has now disappeared from the scene. The maternal granny wanted the child in her care but she suffers from an illness which while not life threatening prevented her from giving the child the care he needed . Anyway thanks for your imput, I'm off to bed now but I I'll try and find out some more info tomorrow