Hi
I have a DS who isn't my fiance's biologically (in every other way he is his father) DS has ALWAYS had my surname and NEVER his bio dad's. Bio dad didn't have PR until DS was nearly 2 before he was granted PR I changed both our surnames to my grandfathers.
Bio dad, despite NOT having PR at the time doesn't like this and never has, tried to get DS's passport due to not being in the original name cancelled ect.
DS is now nearly 4, had contact via courts 4 times in a centre, supervised. There is NO application to date despite many threats to go to court for contact.
My DP has been in DS's life since he was 1, we have another DS together and currently both DS's have my surname. We're due to get married and want everyone to have DP's surname.
Now I know I could change it without his consent and it wouldn't be legal but we also know that DS's bio dad would outright refuse to agree to the change despite never having his surname to begin with.
If we take it to court what are the chances of the name change being granted?
bio dad:
pay's via the CSA due to me starting the claim (didn't pay for the first 8 months of his life)
has indirect contact (a photo every 3 months via a promise to the court)
DP:
Pays for DS as well
lives with us
will be marrying me
raised him since he was 1
is the dad of his brother
we want him to have the same name as the rest of us
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Legal matters
Changing a child's surname.. What are the chances?
44 replies
ChangedJustForThisYo · 03/08/2015 22:17
OP posts:
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