My brother was dating a girl and they had a daughter together. The baby took her dad's last name. now the parents are broken up. neither of them have enough money to go to court, the mom just keeps holding the baby from her dad. She doesn't have any reason to do this. actually the mom had been on drugs in the past and may still be. the dad is a great parent to his other daughter (with a different mother) which he has custudy of. My brother is paying alot of money for child support of this baby because suposidly the mom did not have a job. but today she called him and said that she has a job making $12 an hour and she has a boyfriend. She said that she is gonna change the baby's last name to her boyfriend's last name. Can she do this?
2006-09-07 14:11:07 · 11 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Don't let him take her threats. He is the legal parent and has rights. The Court has fee waivers to help people with filing fees. He needs to file a paternity suit with the appropriate Court in his County. The Court's have facilitators that help fill out form and they also provide mediation services. He needs to file the paternity suit and schedule a hearing right away. She cannot legally change the baby's name without his consent. Make sure he is keeping good records of his support payments for the child. There are also many attorney's that might be interested in taking his case pro bono meaning no charge. If he is certain she is doing drugs, he needs to protect his child and call child protective services or the local police or sheriff and have her evaluated. He needs to also seek custody. If she is in fact doing drugs, he should request supervised visitation during her rehabilitation. It is child abuse to raise a child under the influence of narcotics as it effects ones ability to provide the care needed by the child and puts the child at serious risk. He needs to do something now. If he doesn't, another family member needs to step up to the plate and protect the innocent child.
2006-09-07 14:50:49 · answer #1 · answered by Kitt 2 · 1⤊ 0⤋
She will have to go to court and social security to do it. From your description of her, I would be very surprised if she really gets off her butt to drag everyone into court. Obviously, she is just trying to cause your brother as much pain as possible. If your brother doesn't have a past, why hasn't he sought legal custody of the child? I guess she has legal custody? The only thing that I can see her doing is just "calling" the boy by a different last name. That isn't really illegal, until the child is claimed on taxes.
I feel for your brother's pain. I hate when people are just so stupidly trivial and spiteful. That isn't fair to the baby. She is using that baby as a pawn. I know we aren't all perfect, but kids need a break and the love of both parents. Just rest assure your brother and tell him that HE is the father (the daddy) and that he will ALWAYS be the dad. No matter what.
2006-09-07 14:25:19 · answer #2 · answered by What, what, what?? 6 · 0⤊ 0⤋
Yes she can. All it takes is a parent or legal guardian and you can go to the social security office and have the name changed. He would have to get a legal injunction to stop her.
CHANGING A CHILDS NAME: An applicant who is a parent of unmarried minor child(ren) may apply to change the name of the child(ren) if they:
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are married to the other parent and have that parent's consent,
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are divorced from the other parent, have lawful custody of the child(ren) and have consent of the other parent,
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have had their marriage from the other parent annulled by a Court of Law, have lawful custody of the child(ren) and have consent of the other parent,
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have never been married to the other parent and have lawful custody of the child(ren). Consent of the other parent is required where joint custody has been granted through a Court,
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have consent of the spouse/common-law spouse when a child's name is being changed to the last name of the spouse/common law spouse (where allowed)
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have consent of a child who is 12 years of age or older.
2006-09-07 14:13:09 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yes, it can be changed. My husband daughter name was changed to his ex wife new husband last name and he didn't even know it. All they have to do is go to the social security office and have it change. You can change your whole name all together if you want.
2006-09-07 14:31:59 · answer #4 · answered by Good2Go 2 · 0⤊ 0⤋
Nope. Both parents have to consent to having the child's name changed legally. The only way one parent can do it is if the other parent is deceased.
2006-09-07 14:12:26 · answer #5 · answered by Rawrrrr 6 · 0⤊ 1⤋
1
2017-02-28 10:06:13 · answer #6 · answered by ? 3 · 0⤊ 0⤋
Sadly I believe she can, I think that by going to court and filling many papers...it is possible
2006-09-07 14:14:34 · answer #7 · answered by Mezmerize 2 · 0⤊ 0⤋
No, she can not change the baby last name without biological father consent.There is nothing she can do.
2006-09-07 14:16:10 · answer #8 · answered by missmadhatter 3 · 0⤊ 1⤋
no, she has to have legal permission to do that. She sounds crazy, call child protective services.
2006-09-07 14:18:36 · answer #9 · answered by cyunos 2 · 0⤊ 1⤋
what state do you reside in and what sort of court order does he have regarding this child...................
To be honest the actions of some females makes me want to hang my head in shame................
2006-09-07 14:19:34 · answer #10 · answered by candy g 7 · 0⤊ 0⤋