K2 child - how do change last name after marriage?

[Ewana 0]

Hi,

Help!!!!

Me and my son entered the US (Boston, MA) on a K1 / K2 Visa two months ago. My fiance and I are going to get married on June 3rd. After the marriage me and my son would like to take the last name of my husband-to-be.

Has anybody an idea how to change the name of the child (he has my last name at the moment, and my fiance is not his father) after the marriage?

When we fill the AOS papers are we already allowed to use his new last name?

Thanks!!!

Ewana

[raymaga 25]

You are legally able to change your own name after marriage, but I am pretty sure you cannot change your child's name without doing a legal name change. A spouse is able to change their last name without doing anything, and has the marriage certificate to prove the reason for the name change and you can just start using the new last name right after the marriage.

But, children require the permission of the legal parent in order to change their last name. At least, this is so in Canada.

Someone else on here may have some more information to give you. Or you could seek the help of a family lawyer. They will provide a short free (or very inexpensive) first consultation.

Good luck.

[Reba 2]

I think its pretty much the same in the US to change a child's name. They cannot just "assume" the new name like you can, you'll have to apply to the courts to change it, and its up to the judge.

Traditionally, courts ruled that a father had an automatic right to have his child keep his last name if he continued to actively perform his parental role. But this is no longer true. Now a child's name may be changed by court petition when it is in the best interest of the child to do so. When deciding to grant a name change, courts consider many factors, such as the length of time the father's name has been used, the strength of the mother-child relationship and the need of the child to identify with a new family unit (if the change involves remarriage). The courts must balance these factors against the strength and importance of the father-child relationship. What this all boils down to is that it's up to a judge to decide which name is in the child's best interest.

Keep in mind that, even if you do change your children's last name, you won't be changing the legally recognized identity of their father. Nor will a name change affect the rights or duties of either parent regarding visitation, child support or rights of inheritance. Changes such as these occur only if the parental roles are altered by court order - for example, a new custody decree or a legal adoption.

If the child's father has no objections, it will of course be easier.

[Cali Gal CPA 0]

My child kept her last name, my husband wants to adopt her but that would be a stretch since I don't think the bio dad would sign the papers. My daughter keeps asking us when is she gonna have the same last name as ours. So I started to file child support, yes the bio dad (who is in CA) has not supported his daughter since she got here. If he refuses, then I can perhaps ask him to terminate his parental rights and have my hubby adopt my daughter.

[zyggy 9]

My child kept her last name, my husband wants to adopt her but that would be a stretch since I don't think the bio dad would sign the papers. My daughter keeps asking us when is she gonna have the same last name as ours. So I started to file child support, yes the bio dad (who is in CA) has not supported his daughter since she got here. If he refuses, then I can perhaps ask him to terminate his parental rights and have my hubby adopt my daughter.

There are three ways in which a childs name can be changed..

1) You can file for a court order... However, in order to change a child's name, permission of the non-custodial parent is usually required

2) The other spouse can adopt the child.. this also requires the permission of the non-custodial parent

3) It can be changed upon naturalization...

[Cali Gal CPA 0]

My child kept her last name, my husband wants to adopt her but that would be a stretch since I don't think the bio dad would sign the papers. My daughter keeps asking us when is she gonna have the same last name as ours. So I started to file child support, yes the bio dad (who is in CA) has not supported his daughter since she got here. If he refuses, then I can perhaps ask him to terminate his parental rights and have my hubby adopt my daughter.

There are three ways in which a childs name can be changed..

1) You can file for a court order... However, in order to change a child's name, permission of the non-custodial parent is usually required

2) The other spouse can adopt the child.. this also requires the permission of the non-custodial parent

3) It can be changed upon naturalization...

Thanks for the info Zyggy! I think the 3rd option is the easiest because the bio dad of my daughter refuses to sign any papers that would sign over his daughter to my husband. I've talked to him about this and he said that if I try to pursue this case any further, he is going to take my daughter away from me. I don't know if he can do that since I am the custodial parent and we were never married. Thanks for the info anyway

[Rocio 0]

My child kept her last name, my husband wants to adopt her but that would be a stretch since I don't think the bio dad would sign the papers. My daughter keeps asking us when is she gonna have the same last name as ours. So I started to file child support, yes the bio dad (who is in CA) has not supported his daughter since she got here. If he refuses, then I can perhaps ask him to terminate his parental rights and have my hubby adopt my daughter.

There are three ways in which a childs name can be changed..

1) You can file for a court order... However, in order to change a child's name, permission of the non-custodial parent is usually required

2) The other spouse can adopt the child.. this also requires the permission of the non-custodial parent

3) It can be changed upon naturalization...

meaning that at time of naturalization, i dont need non-custodial parent´s permission???, do u have more info about this or the link to look at it?? could u send it to me in pm??

thanks, i have same situation, i thought i couldnt do it , great info!

[zyggy 9]

My child kept her last name, my husband wants to adopt her but that would be a stretch since I don't think the bio dad would sign the papers. My daughter keeps asking us when is she gonna have the same last name as ours. So I started to file child support, yes the bio dad (who is in CA) has not supported his daughter since she got here. If he refuses, then I can perhaps ask him to terminate his parental rights and have my hubby adopt my daughter.

There are three ways in which a childs name can be changed..

1) You can file for a court order... However, in order to change a child's name, permission of the non-custodial parent is usually required

2) The other spouse can adopt the child.. this also requires the permission of the non-custodial parent

3) It can be changed upon naturalization...

meaning that at time of naturalization, i dont need non-custodial parent´s permission???, do u have more info about this or the link to look at it?? could u send it to me in pm??

thanks, i have same situation, i thought i couldnt do it , great info!

From the Guide to Naturalization

http://www.uscis.gov/graphics/services/natz/English.pdf

18. Can I change my name when I naturalize?

You can change your name as part of your naturalization if a court in your area

conducts naturalization oath ceremonies. Otherwise, no name change can be recorded

on your Certificate of Naturalization unless you already changed your name legally

(such as by marriage) before completing the naturalization process.

If you decide to change your name, you will be required to complete a Petition for

Name Change during your interview. Petitioning the court to change your name may

delay the date of your oath ceremony, in some cases. If you petition to change your

name, the new name will not be legally binding until after your oath ceremony. Your

new name will appear on your Certificate of Naturalization.

The USCIS does not process petitions for a name change after naturalization.

However, you still may change your name after naturalization by other legal means.

[cfrmn 0]

My child kept her last name, my husband wants to adopt her but that would be a stretch since I don't think the bio dad would sign the papers. My daughter keeps asking us when is she gonna have the same last name as ours. So I started to file child support, yes the bio dad (who is in CA) has not supported his daughter since she got here. If he refuses, then I can perhaps ask him to terminate his parental rights and have my hubby adopt my daughter.

There are three ways in which a childs name can be changed..

1) You can file for a court order... However, in order to change a child's name, permission of the non-custodial parent is usually required

2) The other spouse can adopt the child.. this also requires the permission of the non-custodial parent

3) It can be changed upon naturalization...

meaning that at time of naturalization, i dont need non-custodial parent´s permission???, do u have more info about this or the link to look at it?? could u send it to me in pm??

thanks, i have same situation, i thought i couldnt do it , great info!

From the Guide to Naturalization

http://www.uscis.gov/graphics/services/natz/English.pdf

18. Can I change my name when I naturalize?

You can change your name as part of your naturalization if a court in your area

conducts naturalization oath ceremonies. Otherwise, no name change can be recorded

on your Certificate of Naturalization unless you already changed your name legally

(such as by marriage) before completing the naturalization process.

If you decide to change your name, you will be required to complete a Petition for

Name Change during your interview. Petitioning the court to change your name may

delay the date of your oath ceremony, in some cases. If you petition to change your

name, the new name will not be legally binding until after your oath ceremony. Your

new name will appear on your Certificate of Naturalization.

The USCIS does not process petitions for a name change after naturalization.

However, you still may change your name after naturalization by other legal means.

[cfrmn 0]

My child kept her last name, my husband wants to adopt her but that would be a stretch since I don't think the bio dad would sign the papers. My daughter keeps asking us when is she gonna have the same last name as ours. So I started to file child support, yes the bio dad (who is in CA) has not supported his daughter since she got here. If he refuses, then I can perhaps ask him to terminate his parental rights and have my hubby adopt my daughter.

There are three ways in which a childs name can be changed..

1) You can file for a court order... However, in order to change a child's name, permission of the non-custodial parent is usually required

2) The other spouse can adopt the child.. this also requires the permission of the non-custodial parent

3) It can be changed upon naturalization...

meaning that at time of naturalization, i dont need non-custodial parent´s permission???, do u have more info about this or the link to look at it?? could u send it to me in pm??

thanks, i have same situation, i thought i couldnt do it , great info!

From the Guide to Naturalization

http://www.uscis.gov/graphics/services/natz/English.pdf

18. Can I change my name when I naturalize?

You can change your name as part of your naturalization if a court in your area

conducts naturalization oath ceremonies. Otherwise, no name change can be recorded

on your Certificate of Naturalization unless you already changed your name legally

(such as by marriage) before completing the naturalization process.

If you decide to change your name, you will be required to complete a Petition for

Name Change during your interview. Petitioning the court to change your name may

delay the date of your oath ceremony, in some cases. If you petition to change your

name, the new name will not be legally binding until after your oath ceremony. Your

new name will appear on your Certificate of Naturalization.

The USCIS does not process petitions for a name change after naturalization.

However, you still may change your name after naturalization by other legal means.

But..... the problem with this option (if I understand correctly) is that the K2 child will not naturalize. The mother will naturalize using the N400, at which time the minor child will automatically become a citizen and require an N600 Certificate of Citizenship or passport as prooof of that status. So the child doesn't have an opportunity to petition for a name change as part of the naturalization process.

This is the same situation we face. So it appears that adoption or a court ordered name change are the only options. And if permission of the non-custodial parent IS an issue...then the name change MIGHT have to wait until after the child is 18.

Or am I totally misunderstanding something here?