We were not married and have not gone to court. There is no paternity established or custody, child support, visitation order. He has nothing to do with her and my other child has my last name. I don't want her to grow up with that confusion. If anyone knows how to go about this and what it costs please help.
2006-12-29 16:44:38 · 7 answers · asked by ? 1 in Pregnancy & Parenting ➔ Parenting
I spoke to a lawyer and she told me that even though he had signed the papers at the hospital to have his name on the birth certificate he still has no legal rights to her and that a DNA paternity test would have to be performed at his request and expense in order for him to have any rights to her.
2006-12-29 17:19:19 · update #1
Let me clear something up. I spoke to the lawyer when she was 5 months old regarding the paternity papers and birth certificate. And yes I know that paternity papers are legal documents...I can read...they also say (the paternity papers) that the mere signing of them does not give the father any legal rights to the child. I'm not an idiot. In the state of Arkansas the father has no legal rights to the child if he and the mother were never married, even if the papers were signed for his name to appear on the birth certificate. I have full custody of my child. I'm not asking about custody, I'm asking about name change.
2006-12-30 11:11:35 · update #2
If the fathers name is listed on the birth certificate and she has his last name then paternity was established. You need to find a lawyer who specializes in Family law. They file all the necessary paperwork to the courts. He would have to sign papers allowing this to happen. If they can't find him or if he refuses, then it will have to be taken to court. They will appoint the child a guardian ad-litem. This is just someone (another lawyer) who isn't on your side or his, they are there for the best interest of the child. If the judge sees that he's not interested in the child, most likely they will do it. I had this done for my daughter after her father and I divorced. He was the same way, a dead beat. Having her last name changed won't change his obligation to her through child support and medical insurance. If my memory serves me correct, it cost me about $200 give or take. I think it would all depend on what the lawyer charges you, they have different fees. Now this was in Kentucky also, I don't know about the state that you are in.
2006-12-29 16:57:06 · answer #1 · answered by Crystal 5 · 1⤊ 0⤋
A lawyer can give the best advice, but I know in Sac. CA that a father still has legal rights even if they are not on the birth certificate, and can even take the child until a DNA test is done. I was not married to my 11 year old's father, he's still not on the BC, and I have custody through the courts and had to inform him when I did the name change. I would suggest stating you got drunk at a party and don't know the father and risk self pride if you are that bent on him not being a part of it all. Otherwise most states/cities will say the biological father still has right unless they have time limits/abandonment statue
2006-12-29 17:57:22 · answer #2 · answered by I Am Blessed 5 · 0⤊ 0⤋
I don't know the cost but if he has no paternity papers or rights given by the court you should be able too. Is he on the birth record as the father? That might slow things up and he might have to sign a paper agreeing to the name change.
2006-12-29 16:49:33 · answer #3 · answered by Pantherempress 7 · 0⤊ 0⤋
Well, if you have spoken with a lawyer, why do you need our advice? As far as I know the birth certificate is a legal document and if you put his last name on it you will have to have the name legally changed. Call the hall of records and ask them how to go about that.
2006-12-29 18:50:09 · answer #4 · answered by Santa's Elf 4 · 0⤊ 0⤋
I am going through the same thing I rang the Brisbane court house and they told me that because there is nothing in place he has as much right to the child as you do and you have to get his signature to change the child's name if he doesn't agree then you have to take it before a judge and tell them the reason as to why you want to change it if the judge agrees it then costs $180 to change that is including going to the judge.
2006-12-29 16:54:09 · answer #5 · answered by Anonymous · 0⤊ 0⤋
First things first, if you don't have soul custody get it done asap! Also, yes you do need to go to court to file the necessary paperwork and pay at least $200. Usually you can get a fee waiver. But you have to get custody first because the law requires you to have both parents sign the paperwork.
Good luck!
2006-12-29 16:50:45 · answer #6 · answered by Michele B 2 · 0⤊ 0⤋
Pending how a judge looks at it, it could cost you about 500.00 or could be free. I understand you situation and i would talk to a family court judge and see if the may be able to help with the process!!!!
2006-12-29 16:47:12 · answer #7 · answered by krystals220 2 · 0⤊ 0⤋