Can my "soon to be ex wife" change my kids last name?

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My wife and I are about to go through a divorce. She keeps telling me that she is going to change my kids last name to her maiden name. Can she do this without my consent? And if so, would I still have to pay child support on them?

Attorney Answers

2
M Gunn ·
She doesn't have to have your consent, but she does have to give you notice that she's asking a court to do it. At that point, if you want to contest it, you can contest it, and the judge will decide. Child support will not be affected either way.
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Mary Katherine BrownFamily Law AttorneyBrooklyn, NY ·
You wife cannot make this change without consent of the court, and I think it would be unusual for a court to allow the children's names to be changed on their birth certificates over your objections absent some extenuating circumstances. Of course, the children's names have nothing to do with their parents obligation to support them. It is always a good idea for anyone going through a divorce to at least have a consultation with a local attorney to review all the parties' rights, options and obligations so wise, informed decisions can be made going forward regarding the case. You can find attorneys in your area by searching among the profiles here on . Good luck!
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