Name Change - Athens,OH

Updated on March 01, 2013
N.F. asks from Athens, OH
9 answers

My husband and I have full legal custody of a friends child in which she gave him to us and asked us to raise and adopt him the only thing is we have really never had the money for a lawyer to fully adopt he is now five and I want to at least get his last name change before he starts school. Is there a way I can do this with out having to hire a lawyer? His birth mom is willing to sign any papers she would need to and the birth father had never came around and we did all the legal requirements when we got legal custody of him this all took place in Hamilton county and I now live in athens county. Any thoughts and help would be greatly appreciated :)

What can I do next?

  • Add yourAnswer own comment
  • Ask your own question Add Question
  • Join the Mamapedia community Mamapedia
  • as inappropriate
  • this with your friends

Featured Answers

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

C.B.

answers from San Francisco on

My sister changed her sons' last names to her new husband's name without a lawyer. It's really fairly easy. Find a paralegal who can help you. There will be a filing fee. I would get started ASAP as I believe you will have to publish a Notice in a paper of general circulation for about six weeks before the order can be entered. Then you'll need time to have his birth records changed, etc.

Good luck!

More Answers

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

M.R.

answers from Lansing on

I changed my daughter's name last year. All I had to do was go to the county courthouse and fill out the necessary paperwork. There are fees included in doing that though. Also, I had to pay to put an ad in the local paper because it was public information. Once the court hearing was held and the father signed the papers, it was legal. Thje county clerk should be able to point you in the right direction. Just remember, the courts look at what is in the best interet of the child, so you will have to explain why the childs name should be changed. Good Luck

Also, guardianship and legal custody are two different things. As long as you have legel custody and the parent agrees and signs the papers, you can legally make that choice for the child, as long as it is in their best interest. And no, the parent can't just come pick up the child, if you have legal custody, you are the parent now.

3 moms found this helpful

K.C.

answers from Washington DC on

I agree with Gamma G. Finalize the adoption and change his name as a part of that. It will provide all of you with a strong sense of permanency and he will need that sense that he's legally yours as he enters the teen years ... Which is all too close, even though he's only 5.

3 moms found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

K.L.

answers from Washington DC on

I am a lawyer and I do name changes, but I am not licensed in Ohio, so I can't help you. However, I can tell you that you will have to provide notice to both parents and if you can't locate the father, you may have to provide him legal notice in the newspaper. It is certainly possible to do it yourself, but it would be a whole lot eaiser to have a lawyer do it for you. Go to the courthouse and talk to the clerks to get the forms you will need and they may be able to answer some questions, although they may just tell you they cannot provide you with legal advice.

Although I live in Virginia now outside of DC, I was born and raised in Athens and went to Ohio University. Much of my family still lives there, so I could probably help find you an affordable lawyer to talk to there. Feel free to contact me at ____@____.com.

2 moms found this helpful
Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

L.R.

answers from Washington DC on

Look up "Legal Aid" for your area and ask them and the courts about financial assistance with getting a lawyer. You really do need to adopt this child legally, formally and permanently, and can't let cost stand in the way. There are programs to help people who need assistance paying legal bills. It's great that you have custody and are helping this child! Now make it final and formal so there is no nagging worry that either biological parent could suddenly emerge and challenge your custody.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

B.A.

answers from Chicago on

Get the adoption done legally. Find a lawyer and a good one who specializes and tell them your situation amd get it done. There are lefal assistance groups that work based on income.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

J.B.

answers from Boston on

This info in the link below should help you get started. You do not need a lawyer. My step-daugther's name has been changed twice and niether time was through an attorney. Granted it was a little different from your case because each time, one of her biological parents petitioned the court but according to this info published by your state, the parents don't have to be the petitioners, they only must give their consent or be notified. As his legal guardian you may not even need the consent of either parent anyway. Call your local probate court, talk to the clerk and give a brief overview of what you need to do and she or he will be able to tell you whether or not to file in your current county or in Hamilton county. We live in a different county from the one in which my SD's case was started and there is always a bit of confusion regarding where we have to file our motions now because none of the parties currently lives in that county but that county has all of the court files.

http://www.franklincountyohio.gov/probate/departments/nam...

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

A.V.

answers from Washington DC on

Look up the regulations in the local court. If I wanted to change my DD's name, I could, and there are clear protocols for how and why. If the mother supports it, she can petition the court. When I changed my name as an adult, I didn't have to set foot in a court room, but it may be different for minors.

Bear in mind that even if his name is not changed before school, a rose by any other name is just as sweet. I had a different last name than my mother most of my life (our father, though absent, would not approve and the court denied it).

There was once an adoption tax credit. You should see if you qualify and if that would get you the full adoption you want.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

M.P.

answers from Portland on

You can use any name you want when you register him for school. You do have to show a birth certificate but you just say he goes by this name now. I think a name becomes legal after so many years of using it but you should ask an attorney to be sure. My daughter did this with her daughter when she married. And when she divorced her daughter went back to using just her birth name.

As to the adoption. I adopted my daughter thru CSD and so the state did pay the attorney fees. However, if I remember correctly it was something less than $2000. May have only been $1000. You can either borrow the money and make payments or arrange a payment schedule with the attorney. I urge you to call several attorneys and see if you can manage the adoption. You and your child will feel so much more secure having done this.

I also suggest that a court ordered name change is not much money. Call the courthouse and ask the prices of both an adoption and a name change. Also call attorneys and find a price you can afford for the adoption.

For Updates and Special Promotions
Follow Us

Related Questions