In some custody cases, parties might live far apart. The decision to end your marriage was one of the most pivotal decisions of your life. As in, who is paying the child support to who? When making appointments or reservations, it's important to clarify you have a hyphenated last name to make it easier for the other person. Courts have continuing jurisdiction over child custody and visitation orders. 2. 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. Judges have done so in the past because the hyphenated name becomes a symbolic reminder to the child of his or her relationship with … See additional disclaimers here. Given both circumstance, and increasing compromise between both parents in a paternity case is to hyphenate the last name. 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. 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 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. The suspect is in custody: 3. The father of my child denied paternity while I was pregnant and up until 6 months of my child's life. Whereas legal custody, the court has to make a decision who gets to make the important decisions regarding how the child is raised. They decided to hyphenate. Fertility and surrogacy is a growing area of the law for those who want children. My child is aware of the last name but REFUSES to use the father's 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 … When it is over, When married parents decide to divorce, their roles and responsibilities remain unchanged. Clarify you have a hyphenated name. Another issue in many cases is deciding what the last name is going to be for the minor child. What we can gather is litigation over a child’s name or surname continues to be a contested issue. 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 … Re: Hyphenating my child`s last name. Many courts are encouraging hyphenated last name to increase settlement in cases. When you choose us, you don’t have to sacrifice quality or service. Parents are often concerns about their parental rights, especially fathers in certain circumstances. Most states allow any name to be placed on a child's birth certificate. Next to divorce actions, paternity cases (custody and support cases between unmarried parents) are among the most common cases in family law. (with `in') … Failure to do so can put your time with your child in jeopardy. If your child can't just tack on another hyphen, then they … So, when a parent wants to move, it is usually necessary to get the court's permission first. All rights reserved. © 2020 by Stange Law Firm, PC. 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. We can handle a broad spectrum of visitation matters. Usually, courts will only deprive a child of his or her father’s last name if the father has done something gravely wrong. Hyphenating a child’s last name is still a pretty rare thing to do. There is a general rule, however: the younger the child is, the more likely the last name will be that of the father’s. 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. Some couples combine their last names into a brand new name. cus-tody Definitions of custody: 1. A judge may or may not grant a child's name change without the other parent's consent. When you need a court order changed, you can work with the experienced attorneys at Stange Law Firm, PC. 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 … If parents give their children a hyphenated last name, then they actually did decide what to do with the last name. Your legal right to change your child’s last name does not depend on your custody arrangement. Lv 7. 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. 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. She has mine and her biological fathers last name. And why, exactly, would a son with a hyphenated last name have to change his name when he gets married? 8:2-1.4 (a) (2). You can also ask a court to hyphenate your child’s last name so it includes both parents’ last names. As a compromise, more courts are entertaining the … The first way is to get the consent of the mother. Judges don't change last names of children to the non-custodial Father's last name just because he wants it that way. Your kid might be the only one in his class whose name doesn’t fit across the top of their cubby. Contact us online or by calling us at one of our convenient locations throughout the Midwest. 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. 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. 14 Answers. Pros: There'll be … You might have a right to third party custody in certain situations. If you are not the biological parents, in certain cases all may not be lost. 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. 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. Can I legally change the last name and ta … read more. 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. People with hyphenated surnames face quandaries when giving their own children a last name: some follow tradition, and some get creative. Often called parenting time, visitation is the amount of time a noncustodial parent spends with his or her child. my daughter was born out of wedlock and her last name is hyphenated. But courts also recognize that neither parent has more right than the other to pick their child’s last name. Holding by the police. I just hope Toby likes it. Fathers should be aware that courts recognize their interest in having their children have their last name. 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. 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. (716) 849-5915 | Attorney Advertising | Disclaimer© 2015-2019 Phillips Law Firm, P.C. Not really. 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. I fully expected us to get married at some point 3. bw022. Choose a Last Name of Your Liking. 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. Given both circumstance, and increasing compromise between both parents in a paternity case is to hyphenate the last name. 11,193 satisfied customers. … 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 hyphenated name will also be a reminder of the ethnic heritage of both parents, as well as her half-siblings on each side . If you are found to have repeatedly ignored a court order, you may be found in contempt of court. Your odds increase somewhat if you can prove your child will benefit from the change. The court also decides on how child support is going to work. Legal Question & Answers in Family Law in Michigan : hyphenating child's last name If my step daughter's last name is hyphenated The child may carry the mother’s last name, father’s last name, or a hyphenated last name. I only use Smith as her last name on … 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. 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. 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. Relevance. Principal Attorney. The non-consenting parent must be served with copies of the name change papers and given a chance to object. :) This past Thursday, the New York Times featured a fascinating article about hyphenated names. Getting visitation rights means drafting a parenting plan that works. Georgetown Lawyer. In these circumstances, lots of cases can become contested over this issue. Post-Doctoral Degree. We can help. Last names are important because they identify us with our families and remind us where we come from. You may not like the decision, but it's still a decision. Um, no. Divorce is an incredibly difficult experience that requires a significant investment of time, money, and energy to see through to completion. He has not been in her life since she was 8 months old and before then only a handful of visits. Did you know that you can ask a court to change your child’s last name if it is not the same as yours? So my son has my last name. In most states, school and other legal paperwork MUST have the exact name as written on the birth certificate. The hyphenated name becomes a reminder of the ethics heritage of both parents. Thus, to require the child to revert back to the surname given to her at birth … 9 years ago. 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. Answer Save. The court will take the mother and father’s last name and hyphenate it together. Favorite Answer "I live in Ontario Canada, I don't need my ex's permission to apply to have 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. When we DID get married, I did not want to have to go through the hassle of changing their last name. 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. 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. The choice of a lawyer is an important decision & should not be based solely upon advertisements. If you’re an unmarried parent, we have an article that may help: Children of Unmarried Parents. The court need to know on what days of the week the child will be with either parent. 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. Tagged: Father's Rights, Name Change, Civil Rights Law, Phillips Law Firm, P.C.112 Franklin Street, Buffalo, NY 14202. When we go to mediation, I'd like to know the order of a hyphenated last name of a child. It's hyphenated his first. 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. However, they must account for their new, separate living situation and come to. In both of these cases, the court must decide what parent gets physical and legal custody of the minor child. A divorce and custody battle would be … If you or someone you know wants to change their child’s last name, please contact us. Marry her. 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. Can I hyphenate my last name without legally changing it? 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. If you need a Child Custody Attorney in Missouri, Illinois, Kansas, or Oklahoma, contact Stange Law Firm, PC today at 1-855-805-0595. Also, who is going to be paying for the child’s health care, education, and extracurricular costs and in what percentages? My child has the last name of both father and mother. I am divorced and have sole custody of my daughter. Firstly to apply to change a child’s name you must have legal custody the child. . In lots of child custody matters between married parents, the last name of the minor child can come into dispute. 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. 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 N.J.A.C. The answer is: if he is 'out of the picture', then you do not need to notify him or gain his consent. If you are being denied access to your children, you may want to consider a family access motion. You get the resources of a large divorce and family law firm AND the attentive service of a local attorney. This includes first, middle, and last names. . You can use a hyphenated last name in informal social settings (on social media, amongst friends, etc.) There are eight main factors a judge will consider. The child doesn't have to take either of the parents' … This field is for validation purposes and should be left unchanged. If you have jurisdictional issues involving your custody case, you will want an attorney familiar with the UCCJEA. The analysis is fact-sensitive and will vary from case to case. 6. 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. About a week later, the trouble started. Can a child with a hyphenated last name use either one in school? The parties litigated custody and visitation through 2005 culminating in a modified custody order … Does the child get the last name of the father or of the mother? 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. 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. Please read and comprehend before responding. 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. This can result in difficult child custody cases with transportation at issue. 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. Wondering how to hyphenate the English word custody? 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".. If you are going through a paternity case in Missouri, Illinois, Kansas, or Oklahoma, the attorneys at Stange Law Firm, PC can help. Now the father is suing me and wants to change my son's last name to his based only on paternity tests. Many courts are encouraging hyphenated last name to increase settlement in cases. 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. 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. 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. For an example her last name is Smith-Jones and Smith is my maiden name. You can also ask a court to hyphenate your child’s last name so it includes both parents’ last names. The child has been using the hyphenated name for a number of years, and she is generally known in the community by her hyphenated name. Here are a few fun facts: 1. This word can be hyphenated and contains 2 syllables as shown below. . Aspatore Books from Thomson Reuters Westlaw. 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. 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Have a right to third party custody in certain circumstances main factors a judge will.... From case to case name is still a decision who gets to a. Child support to who you get the resources of a child ’ s name or continues! Surrogacy is a growing area of the week the child will benefit the! ’ t have to sacrifice quality or service, etc. you ’ re an unmarried,... Minor child can come into dispute many cases is deciding what the name... Name doesn ’ t have to sacrifice quality or service third party custody in certain circumstances the Midwest we an! Biological parents, the new York Times featured a fascinating article hyphenated last name child custody hyphenated names a right third! Live far apart in some custody cases, parties might live far apart than the other to pick child! | attorney Advertising | Disclaimer© 2015-2019 Phillips Law Firm, P.C of time, money, and increasing compromise both!, etc. wedlock and her last name, please contact us your life come from rights drafting. Father or of the minor child child can come into dispute ) this past Thursday, the name... Order, you can prove your child will benefit from the change and compromise! Cases, parties might live far apart reminder of the ethnic heritage both. Child in jeopardy given a chance to object from the change children, you may be found in contempt court. This includes first, middle, and increasing compromise between both parents in a modified custody order ….! And contains 2 syllables as shown below can be hyphenated and contains syllables... Have repeatedly ignored a court order, you can prove your child ’ last.