I have a baby with a friend in Puerto Rico, I move to NY and fall in love with a great charming, perfect guy. We are going to marry in december. My child recive child support. I want to cut the child support and change the last name. She call daddy to my fiance and he never call or care. What I have to do? Does anybody knows the procedure to do this?
2006-11-16 06:07:49 · 6 answers · asked by Vainilla V 1 in Family & Relationships ➔ Marriage & Divorce
Contact the biological father and ask him if he would sign off parental rights to your daughter. If he says yes, get an attorney to draw up the paperwork and have him sign. You will never be able to collect a penny from him again.
While at the attorneys office, ask about the name change. You can also have the bio father's name removed from the birth certificate.
2006-11-16 06:12:18 · answer #1 · answered by Royalhinney 7 · 0⤊ 0⤋
Child support has nothing to do with the baby's last name. You can use whatever name you want, but legally it will still be her father's last name. I would be concerned if she knows and uses one name and you are going to change it to another name. You have some options. You can ask her father if he will agree to a name change and give his consent OR, if he can't be reached, you can put an ad in the paper requesting his response. You must show the court you tried to find him, and if you truly can't, the judge will allow the name change. The easiest thing to do is use the name you wish her to have. Tell the teachers that her father is not in her life and therefore for continuity within the family, you are all using the same name.
2006-11-16 06:14:36 · answer #2 · answered by Lioness 5 · 0⤊ 0⤋
Get a lawyer and ask him what the exact procedure is . I am pretty sure the father has to give up all his rights to the child first and your husband will have to adopt him/her legally to change the last name.
2006-11-16 06:11:38 · answer #3 · answered by IT'S JUST ME ! 7 · 1⤊ 0⤋
The child would have to be adopted by your fiance. Her father will have to agree with the adoption. An adoption can be court ordered but you will need a valid reason and again the court would want to talk to her father
2006-11-16 06:11:43 · answer #4 · answered by Alissa 6 · 0⤊ 0⤋
the biological dad would have to sign his parental rights away, and your fiance would have to adopt her. when he adopts her then you can change the last name. keep in mind that when he signs his rights away, you CAN NOT collect child support EVER again. make sure he is current on his payments b4 signing the rights away.
you will have to go to a lawyer to complete the process.
2006-11-16 06:18:33 · answer #5 · answered by Get_R_Done_n_Dallas 3 · 0⤊ 0⤋
as long as your daughters dad is paying child support and is in her life you can't change it. but if he isn't in her life then go to the courts
2006-11-16 06:14:41 · answer #6 · answered by goodlookin.mama 4 · 0⤊ 0⤋