I am from texas and i have recently found out that i have a 3 month old boy. the mother didnt think it was mine and now my boy has the last name of her ex boyfriend. well we have found out that the kid is mine but she will not cooperate with me in changing the name, i am going to be my sons father one way or another and i want my son to have my last name or at least have hers, not the name of some other guy that has never even seen my son. if someone can help me please give me some answers thanks!
2006-11-28 02:20:42 · 7 answers · asked by chad m 1 in Family & Relationships ➔ Family
Has she asked you to sign the birth certificate? Now that you've been found to be the father via paternity test, if you go to sign the birth certificate, you can change the baby's last name since he's still under 1 year old without involving the courts or having to pay for the name change. Check this out with your local DCFS, but in the meantime, I found this on www.divorcenet.com:
Under most circumstances, once the father is declared the legal father of a minor child the name of the father will be entered on the child's birth certificate. This occurs even if the mother was married to another man at the time of conception or birth. In addition, the father's surname will be entered on the birth certificate as the child's surname.
An unmarried biological father has the right to obtain custody of the minor child and he has the same right as a married father, to have a hearing to determine his fitness as to the issue of custody.
Once the father is determined to be the biological father by a court of law he becomes a natural guardian of the minor child and under certain circumstances he may have the authority to take legal action on behalf of the minor child.
In the event that the father of the minor child does not wish to contest custody of the minor child, he still has other rights in regard to the minor child. The father has the right to have visitation with the minor child. The circumstances in your particular case will determine whether you will have full visitation rights or whether the visitation will be restricted by the Court. In some cases the father needs to develop a relationship with the minor child before he is able to have unsupervised visitation. Another concern is the age of the minor child and the father's experience in child rearing.
The father also has the right to have shared parental responsibility concerning the minor child. Shared parental responsibility is a term of law in the State of Texas which essentially means that you have a say in how the child will be raised. The mother of the child must consult and discuss with you the various issues concerning the minor child, such as religion, school, doctors, illnesses, vacations, and others. You have the right to be informed as to the activities of the minor child and you have the right to participate in those activities.
It may be helpful to discuss with an attorney the various issues in a paternity case including your questions concerning your rights as a father.
2006-11-28 02:46:59 · answer #1 · answered by aileen1072 2 · 0⤊ 0⤋
I personally think that if she now knows that the baby does not belong to her ex and you have a DNA test prove that you are the father, then she should be responsible enough to do the right thing and either change his last name to hers or yours. I always felt that even if the parents are not together as it seems to come off as in your situation, but the father is absolutely willing to take full responsibility in being there for his child and be a good father figure, then the baby should have the fathers last name. So if you are 100% knowing that you're the father and DNA tests prove that you are then she should have his last name the same as yours if you are willing to take responsilbility of being a good father and being their for your son. Which, I hope you are, because there are very very few men out there who are willing to do that. Women in this situatution are very lucky for the father to step up and take responsibility. But, good luck with everything and I hope the advice that is left by me and anyone else helps.
2006-11-28 02:36:38 · answer #2 · answered by Nettie F 1 · 0⤊ 0⤋
#a million DNA sorting out will teach who's or no longer the daddy of the youngster. This will change right into a criminal situation and also you may want to bypass to courtroom to have the daddy's call replaced on the beginning certificate. the mummy has the right to apply her very last call or the daddy's very last call for the youngster. it really is a situation that you and the mummy of the youngster might want to might want to communicate. imagine of the youngster at the same time as he robes up, how is he going to experience in college about himself? Love, love is the reply and not in any respect conflict over who's needs what.
2016-10-07 22:02:30 · answer #3 · answered by ? 4 · 0⤊ 0⤋
well if you got a paternity test done and he was found to be yours and not the name of the other guy his last name is suppose to automatically change from his to yours or hers. Legally thats what happens. Why would she keep it as some guys last name who isnt even the dad? Did you get a paternity test? that should be your answer.
2006-11-28 02:28:42 · answer #4 · answered by Yellowtulips 3 · 0⤊ 0⤋
you can partition the court and as long as you can provide DNA proof that you are the father and you are willing to pay child support or obtain custody then you have every right to have that child's name changed.
2006-11-28 02:25:53 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You're going to need a lawyer and a DNA test to do it.
2006-11-28 02:23:09 · answer #6 · answered by odandme 6 · 0⤊ 0⤋
get an attorney..it is possible
2006-11-28 02:37:48 · answer #7 · answered by -------- 7 · 0⤊ 0⤋