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Father on birth certificate: Can I change her name without his permission?

This is a discussion on Father on birth certificate: Can I change her name without his permission? within the Child Custody & Support forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; OK...getting your future husbands name is tougher. Your ex sounds like mine - only mines older. You might be able ...

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Old Jul 5th, 2009, 10:02 AM   #31
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Default re: Father on birth certificate: Can I change her name without his permission?

OK...getting your future husbands name is tougher. Your ex sounds like mine - only mines older. You might be able to get a hyphenated last name or yours, but not your husbands (likely) unless your ex gives up the child for adoption.

The idea of not sharing the last name with your child is odd, but not the end of the world either. You could fill out a name change form - possibly moving your ex's last name to a middle or second middle or hyphenated. The ex will be contacted - you will need to provide contact info. If he doesn't object, it could happen. A new married name would be seriously pushing it.
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Old Jan 3rd, 2010, 05:55 AM   #32
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Default re: Father on birth certificate: Can I change her name without his permission?

OK, I realize this is waaay necroposting but I could not let this go. Some of you (like sunlover?) are seriously mistaken.

Here's the deal:

In ALL 50 states, when a married woman gives birth, her husband is the LEGAL father. I don't care (nor does the law) if he's been in Iraq for 24 months. This law was created eons ago to avoid bastard children. Who knew.

Now the guy who thinks he's the bio-dad is welcome to step up to the plate and try and get himself tested and get his legal rights in place as to this child.

When an unmarried woman gives birth, there is NO father (yeah, I know, seems weird). Mom has sole custody and the situation will remain as such unless a man signs an "Affidavit of Paternity" or similar document of that state claiming that even without DNA he's the dad. It's usually filled out at the hospital. This makes him the legal daddy. If he doesn't sign the form but later comes along wishing to have any right to see or support his kid, then DNA is done. If he's the winner, then he's the BIO daddy.

You can put any name you want on a birth certificate, it matters NOT.

Your child can go by any name they like in school. I left my ex when my second was still in utero. Both my children had his name legally, but went by my maiden name until adulthood. Once they married, it became moot (girls, obviously).

As for the gal who wants her son (who already has an established father) to take her new bf name when they marry - sweetie, you're not living in the Barbie Dream House anymore. Your son's life is the mess you have made of it. Do NOT complicate it more by making him think bf is also "daddy". And so long as there is already an established father (who isn't a pedophile) the court will never take away his rights so Mr. Rightnow can adopt him. What happens when you move on to Mr. Nextinline? How many hyphens/dads can a kid have?

Hope you are saving up for counselling.
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