If paternity is established does my ex have the right to have my baby's name changed?

Question

I live in Colorado. What are the laws here? Please site a source, so I can be sure of its accuracy.

I haven't had my baby yet. I have no intention of putting his name on the birth certificate, though. I know I am not required to. I have no intention of proving paternity. I'm just curious in case he decides he wants to prove paternity.

Answer 1

If the Colorado law is similar to Delaware (where I work in Family Court), then he can REQUEST it, but it is not guaranteed that it will be done. Here is a quote from the Colorado paternity law site listed below:

"When the child is born, the Mother usually establishes the name of the child. If the Mother and Father acknowledge Paternity and complete the application for a birth certificate they can both choose the child's name. If the name is not established by this means, the Court can order the change of the child's name at any time."

In Delaware, there is a 10 step "checklist" that we have to follow, that includes things like age of child, how long they have had the "old" name, how active the father is in the parenting, etc. before we allow a name change simply due to paternity. Contrary to what some others have posted here, we HAVE allowed a name change over the objections of the mother, if the reasons appeared strong enough.

Answer 2

You messed up when you let someone you knew was not the child's father sign the birth certificate. You both signed the certificate - he is the child's legal father. It may vary from state to state, but you are probably going to have to get an attorney, your ex is going to have to agree to give up his parental rights and your fiance will have to addopt your child to be put on the birth certificate. I have known so many women who were desperate to have a name on the birth certificate so they put the name of the current boyfriend down. This has turned out badly for every one I've known that has done this. Don't do it again after you get this situation straightened out. And guys - DON"T sign a birth certificate if you are not the father. There is a case in Missouri where the man who signed the birth certificate was not the father. The mom has confessed that he is not the father and a paternity test was done on the real dad and showed the man signing the certificate was not the father. Guess what - real dad won't pay child support - guy on birth certificate is paying for a kid that is not his.

Answer 3

I suppose you mean the child's last name? I am unfamiliar with Colorado law, but typically, most states follow the "What is best for the child" rule.

If the child is old enough to know his/her name, it would be difficult to imagine that a court would find it in the best interest of the child to have his/her name changed. Also, the law will typically allow the mother to name a child when the father is unknown or absent as was the case with your ex at the time of birth. I am not an attorney and I did not stay in a Holiday Inn Express last night, but I don't think you have much to worry about. If he has lots of money and is willing to spend it on attorneys and in courts, he might could eventually wear you down financially by dragging you into different courts. If you have the (financial) means to fight it in court, I don't think he could ultimately prevail in court.

Issues may change if you mean ex-husband rather than ex-boyfriend. If you became pregnant while married to the baby's father, then he would probably have a much greater legal standing to demand that the child's last name be the same as his. On the other hand, I suppose if you were married, then your last name is probably the same as the ex anyhow...

Answer 4

If you don't want him claiming paternity, all you have to do is make sure he stays out of your life. He's obviously a jerk if you're this nervous about naming your baby. If he tries to sue for parental rights, he's going to have to go through the court system. If he's a control freak, he might do it. He'll leave you alone if he isn't a control freak. Just make sure you have facts about his behavior and witnesses in order to prove he is an unfit parent.

Have you thought about telling him it's not his?

Your ex can't change your baby's name. You are the one who will fill out the birth certificate. The only way he can change your baby's name is if he adopts -- or gets full custody of -- your baby.

Answer 5

Last name? Most definitely. It's his child too you know. It doesn't sound fair to you, but if he had custody and gave the child a different name...would that be fair to you? He would have to take you to court in order to do it...but it wouldn't be too hard if that's what he wanted to do.

As for source...call any Family Law attorney....all of them would answer this question for free over the phone.

If you're concerned about him...try to talk to him. Maybe explain to him that while you understand that he would like the child to have his last name...since you're not married....you would really like the child to have the same last name as you. My oldest son has my ex's last name...and not mine. So whenever the school calls they ask for Mrs. (ex's last name) I was NEVER MRS. that jerk....but I still have to tell them my last name every time. The Dr's office is the same.

But he won't get around changing the baby's first name so don't worry about it. One word of advice though...I would seriously get a lawyer and establish physical and legal custody now...and child support. No matter what he says about paying you etc...in a few years things can change and you simply might regret not doing it when you could. As for paying for it....most attorney's can put their fees into the court order for the father to pay for.

Good luck

Answer 6

Usually with the state forms there is a place to state they wish to have a name change as well as a paternity test. I am not sure about CO specifically.

Answer 7

You can google it. Once the name is on the birth certificate it cannot be changed without a full on court hearing. In which case you would have to give your permission.

The name is given by the mother. Didnt you read the birth certificate? You signed it yourself for a reason. If the father isnt there to sign it, he has no right to squabble about the name.

Answer 8

yes, look up patemity laws in Colorado, matter fact, right after the paternity hearing I would file for permanent custody of my child. cause he will, the have the same rights as you do.A child under 16 , name can be changed just by the parent writing it and using it, o court order.

Answer 9

This is very difficult to do so in any state. The first name is highly unlikely, the last name, you two would both need to go to court. Especially if you fight it. He needs your permission on the form, as you are the legal mother. Mothers tend to have more rights than the fathers, especially unmarried couples. I can't locate a sight, but check your local Superior court on Family law.

Answer 10

Check the statutes - but generally yes with court approval-

He does have the right to add his name to the BC without your consent with a paternity order.