North Myrtle Beach, SC asked in Child Custody, Child Support and Family Law for South Carolina

Q: Where do you file for a childs name change, birthplace or state of residency?

Not sure if anyone knows the answer. Almost 3 years ago I moved from VA to SC with my son. I have full physical and legal custody and have since my 6 year old was less than a year old. Recently my son has been asking about changing his last name from his (absent) dads to my last name (never married) where would i file for a name change. Sc where we reside or Va where he was born and the custody agreement is through?

1 Lawyer Answer
Cheryl Ann Truesdale
Cheryl Ann Truesdale
  • Divorce Lawyer
  • Greenville, SC
  • Licensed in South Carolina

A: Virginia has continuing jurisdiction because the custody order was issued there. You can register your custody order in family court in the county where you live and ask the court to take jurisdiction which would then allow you to file for a name change in that county. Having South Carolina take jurisdiction would also allow you to enforce and/or modify your custody order in South Carolina, if that need arose. You will need a lawyer to help you do this.

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