NAME CHANGE

[ilovesprouts]

my dh and i have split for good ,and i want to change my last name bk to my maiden name ,can i change my sons name bk to my maiden name as well or do i have to ask dh or can i just do it help ...

What do you mean change his name back?

Is your DH his dad?

If you're in the UK, you can just do it. Write a letter to the kids' schools, your doctor and so on.

Later on, you can do it by deed poll as that makes the paperwork easier for passports and so on. It's not a legal requirement here, though.

hth

yes dh is his dad

I am not an expert but my understanding is that you can call yourself what you like.
However i dont think you can just change your dc name - i think there is a legal process to go through.

So until your dc are adults i dont think they or you can change their name without their fathers permission.

I don't think you can just do it then, i pressume he has PR?

Why would you want to?

Some stuff here

as we was married it would of been shared then

Also, dont have to use deed poll. But might be better for passports etc :

A child?s name can be changed at any time, provided it is not to deceive or defraud another person. There is no legal procedure which must be followed in order to change a child?s name, providing all the people who need to give their consent have done so. The parent simply starts using the new name. A child?s forename or surname can be changed, names can be added or rearranged.

Although there is no legal way to change a child?s name, you may need evidence that a child?s name has been changed (see under heading Evidence of change of name). However, the details on a child?s birth certificate cannot be changed, except in limited circumstances.

Changing details on a child?s birth certificate can be complicated. If you wish to do so you should consult an experienced adviser, for example, at a Citizens Advice Bureau. To search for details of your nearest CAB, including those that can give advice by email, click on nearest CAB.

If he is under 1 you can change his name without the fathers permission. I think it even gets changed on the birth certificate but not too sure as it was 7 years ago when I looked into it as EXDH buggered off!

over40, you can't now.

if i cant change my ds im still changing mine as my older 2dcs have my maiden name

You CAN'T change a childs name without the permission of all people who have parental responsibility for that child. As you are married you both have parental responsibility.

You need to ask your ex husbands permission. Getting the birth certificate changed just because you have split will be impossible.
The only circumstance where a change to the birth ceritficate is likely to be granted is if the father was originally listed as unknown but then wishes to have that amended later on. Ie if the father did not know he was a father or if the birth was registered without his knowledge etc.

Why would you want to change it? Would you be happy if it was the other way round?

Oh I see! Cross posted. No you can't, you need his permission but rather than just have it as your maiden name what about double barreled?

no i want all my 3 kids to have the same last name only the ds2 is his

You could possibly ask other people and the school to start to use your surname, as long as there is no "intent to deceive" but I'm not sure where that leaves you on things like school records.
Could you go and ask at Citizen's Advice or check with a solicitor?

Um, I don't think that's really fair though is it? Your husbands name was good enough for your son whilst you were married but now it has to change?

How old is your son? What would he want and what would your husband want? How much contact does he have, how hands on is he?
I understand the sentiment but I don't think it's ok really. Just my opinion though.

I think that different names are just part of a blended family.

These days most schools allow children to use what is known as a "preferred name".

This allows you to use a name which is not legally yours but preferred.

I know people who have not been able to change their children's surnames because their ex partners refuse to give permission for it to be done legally but the children want to change their names and they have informed the school that they want to be known by their "prefrred name" rather than their legal name.

Katisha - you can ask for him to be "known as" x but his name is y on the records. However, the other parent still needs to be consulted and he/she can disagree in which case, you can't do it.

"most schools"?? I don't think so.

my dh has hit me and once smacked my son in a fit of temper,hes also threatend to hit my dd whos pg .he got a very nasty temper ,he blows up at anything he left me 3 weeks ago for a break ,nothing has changes since he got bk ,calls me names eg fs and blinds in frount of our son, hes called neighbours kids by me f ing slags etc and i get all the abuse at me why should i put up whith it would you i think not

if he has parental responsibility (which he does if you are married and he is ds's father, or unmarried but is the father and has his name as father on the birth cert.) you CANNOT just change his name. you will need the father's consent OR will need to apply to a court for an order under the Children Act if he refuses consent. see ss 7,8 and 13 of the Act. If you don't accept this suggest you ask at CAB / a solicitor.

ds is 3 ,hes also got into £20,000 of det did not tell me untill last year, he thinks nothing of spending £100s of pounds on stuff we dont need dvds cds books, hes plies of them brand new but he just wont stop it

if he is abusive as you say, you are quite right to split and get your DCs and DGC tobe out of hte situation

but you cannot argue with the law on this.. and if the law states he needs to give persmission etc, then so be it

you really need legal advice anyway re divorce , a solicitor will be able to advise you correctly

have now read your last post op. sounds like you could do with some legal advice generally... you can get an injunction to forbid him from hitting / threatening / harassing you / your children and to prevent him occupying the property if appropriate. you don't have to put up with this abusive behaviour. if needed you can get orders settling who children live with / what contact he can have with them etc. quite frankly name change seems like least of your problems. good luck.

my dd does not want him in the house at all as hes had 2 many chances to change