Virg Posted September 21, 2010 Share Posted September 21, 2010 So my fiance got his birth certificate because we thought we would need it for the marriage license (turns out we didn't.) Guess what, his step dad (who he didn't even know wasn't his dad) never adopted him! His parents just decided to use that last name for him at 4 years old. Everything, school records, hospital records, insurance, EVERYTHING, is in his step-dad's last name, which we have just been informed is NOT his legal name! So we are in a mad dash to get identification in his legal last name. Well, because of identity theft, no one will issue us anything, using only a birth certificate. Apparently anyone can get a birth certificate so it means nothing. We have been to so many places explaining the whole situation and cannot figure out what to do next! I am so irritated. I have less than two weeks until our wedding and this is NOT how I wanted to spend it! Sorry to go on like that but because he is really angry and embarrassed about his parents and the lies I can't really tell anyone else! Thanks for listening :) Quote Link to comment Share on other sites More sharing options...
Veritaserum Posted September 21, 2010 Share Posted September 21, 2010 Wow, what a mess! Could a lawyer help with this? I'm not sure what kind that would be. Could his stepdad legally adopt him at this point? Could your fiancé legally change his name to the one he has been using? Quote Link to comment Share on other sites More sharing options...
dripdripsplat Posted September 21, 2010 Share Posted September 21, 2010 I would suggest you go to your local Social Security office and get him a new SS card, using the birth cert if needed. From there you should be able to get him a new driver's license. I don't know what other things you may need to get, but with a driver's license you can get pretty much anything. You should be able to call your credit cards and banks and explain the situation, showing them the new SS car and DL, and, though it may take a while to get it all done, they should be able to issue you new cards. I know it sounds odd, but you may want to file a police report. Technically speaking his parents committed identity theft, and if you could have a report to show companies, banks, etc., they may be more willing to help you out. Don't know if you'd be willing to do that, or if his parents would understand why you did, but it probably would help him out. :grouphug: It's going to be okay, and your wedding is going to be wonderful! Quote Link to comment Share on other sites More sharing options...
MindyD Posted September 21, 2010 Share Posted September 21, 2010 Wouldn't his social security card also have his legal last name? Those two piece of identification should be enough to get everything changed. If his ss card has the wrong name, I'd definitely suggest a lawyer. That's the only way you'll get everything sorted out. Quote Link to comment Share on other sites More sharing options...
nono Posted September 21, 2010 Share Posted September 21, 2010 (edited) Being from the pre-internet era, I thought this was so: State laws can regulate name changes in the United States. Several specific federal court rulings have set precedents regarding both court decreed name changes and common law name changes (changing your name "at will"). One may be employed, do business, and enter into other contracts, and sue and be sued under any name they choose at will (Lindon v. First National Bank 10 F. 894, Coppage v. Kansas 236 U.S. 1, In re McUlta 189 F. 250). Such a change carries the exact same legal weight as a court decreed name change as long as it is not done with fraudulent intent (In re McUlta 189 F. 250, Christianson v. King County 196 F. 791, United States v. McKay 2 F.2d 257).Usually a person can adopt any name desired for any reason. Most states allow one to legally change one's name by usage with no paperwork, but a court order may be required for many institutions (such as banks or government institutions) to officially accept the change.[1] Although the States (except part of Louisiana) follow the common law there are differences in acceptable requirements; usually a court order is the most efficient way to change names (which would be applied for in a state court) (except at marriage, which has become a universally accepted reason for a name change). It is necessary to plead that the name change is not for a fraudulent or other illegal purpose (such as evading a lien or debt, or for defaming someone). More info here. It may be simpler to get a court order that verifies his current name than trying to go back to a name to which there's no connection except that birth certificate. Best of luck! Edited September 21, 2010 by nono to finish thought Quote Link to comment Share on other sites More sharing options...
Virg Posted September 21, 2010 Author Share Posted September 21, 2010 (edited) Thanks! Great tips :) I appreciate the support! Right now with homeschooling 4 kids and a wedding, now this, I am going nuts. School might be put on hold... I was going to wait to next week but yeah... We will look at that law and also see about filing a report! I was thinking the same thing about a lawyer, it is just too big of a mess for us to do on our own! As to the social security cards apparently in the 70s/early 80s you were able to just go get a ss number for any name so he actually has 2 cards issued to him. One with his legal name and one with the name he has been using. (We just found out from his mom about the first one, of course she has lost it and is "hurt" we want to "change" his name.) To get a new ss card you need a birth certificate and a second piece of ID to prove you are that person, wherein lies the problem lol. They said they will link the 2 ss numbers though as soon as we can prove that he is that person, so that all his credit and debts etc will follow over. Edited September 21, 2010 by ds4159 Quote Link to comment Share on other sites More sharing options...
mommybee Posted September 21, 2010 Share Posted September 21, 2010 So my fiance got his birth certificate because we thought we would need it for the marriage license (turns out we didn't.) Guess what, his step dad (who he didn't even know wasn't his dad) never adopted him! His parents just decided to use that last name for him at 4 years old. Everything, school records, hospital records, insurance, EVERYTHING, is in his step-dad's last name, which we have just been informed is NOT his legal name! So we are in a mad dash to get identification in his legal last name. Well, because of identity theft, no one will issue us anything, using only a birth certificate. Apparently anyone can get a birth certificate so it means nothing. We have been to so many places explaining the whole situation and cannot figure out what to do next! I am so irritated. I have less than two weeks until our wedding and this is NOT how I wanted to spend it! Sorry to go on like that but because he is really angry and embarrassed about his parents and the lies I can't really tell anyone else! Thanks for listening :) Exact same thing happened to me but I've had zero problems because of it. Somehow my mom got me a social security card with my step dad's last name and it's the only name I've ever used. It was not done legally though. Sorry it's causing trouble.....luckily it hasn't caused me any. I do worry about getting a passport but that hasn't come up yet. Quote Link to comment Share on other sites More sharing options...
Pamela H in Texas Posted September 21, 2010 Share Posted September 21, 2010 I'm surprised he wants to change back to the other name. And if he just found out, is this being done hastily? I realize the decision has to be made and that wedding plans are on the line; but frustration from being misled for years probably shouldn't be THE reason to change back, at least not on a dime. Quote Link to comment Share on other sites More sharing options...
Virg Posted September 21, 2010 Author Share Posted September 21, 2010 When we applied for the marriage license we were told we had no choice that it had to be done according to his birth certificate. Not sure if that is the case but they called in a manager because they weren't sure and that is what their legal expert told us. At that point we didn't have time to go through a court process to change his name before the wedding. *sigh* He isn't really on talking terms with his parents anyway, so I think he just thinks it would be easier to change it once and be done with the situation. I am only in a supportive role in this present situation lol Quote Link to comment Share on other sites More sharing options...
Sherry in OH Posted September 21, 2010 Share Posted September 21, 2010 If you don't need his birth certificate for the marriage license and for most of his life he has been known by his stepfather's name, why the rush to change identities? After the wedding, he can petition to change his "legal" name to the one he has used all his life. It is a straightforward procedure. Here is how it is done in Ohio - http://www.ehow.com/how_4797870_do-legally-change-name-ohio_.html You can get a passport even if your name differs from that on your birth certificate. http://www.us-passport-service-guide.com/passport-name-change.html#noproofofnamechange Quote Link to comment Share on other sites More sharing options...
mommybee Posted September 21, 2010 Share Posted September 21, 2010 When we applied for the marriage license we were told we had no choice that it had to be done according to his birth certificate. Not sure if that is the case but they called in a manager because they weren't sure and that is what their legal expert told us. At that point we didn't have time to go through a court process to change his name before the wedding. *sigh* He isn't really on talking terms with his parents anyway, so I think he just thinks it would be easier to change it once and be done with the situation. I am only in a supportive role in this present situation lol I wish I could remember what I did.......but I didn't have any kind of birth certificate when I got married. I don't even have mine. Quote Link to comment Share on other sites More sharing options...
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