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hyphenated last name child custody

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

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