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my baby has another mans last name her mom wont change it

Asked Mar 16, 2008, 10:08 PM — 5 Answers
I have a17 month old daughter that I had 2 dna tests taken for.her last name is that of her mothers first child's father .basically she has niether of her parents last names.I live in new york & I'm not sure as to whether a name change should be filed in family or civil court.I have already established I am the father in family court.I have this documented.we were both supposed to sign papers to change th b.c. As well as her last name to her mothers which I didn't mind, but I didn't sign because her middle name is the same as her ex's decease mom which I didn't agree with.now my daughters name is still the same as his although I support her through my own free will & take her for weekends.I'm not sure what type of actions I should take.anyone with knowledge of nyc courts please help,though any assistance is appreciated.they are also not married or together from my knowledge(he has another child my daughters age as well).my daughter also lives with her granma & not her mom.I can't afford a private eye,but this would help in a custody dispute although I can't really prove it. I work 2 jobs to support my kids & don't have time to 'snoop' myself.I think icovered all bases.

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Bluerose's Avatar
Bluerose Posts: 1,523, Reputation: 1585
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#2

Mar 17, 2008, 05:16 AM
This is a tough one. I’m no expert but if you were not married to the mother you don’t have any rights regards the child’s name or where the child lives. All I can suggest is that you do everything in your power to forge a good relationship with your daughter and maybe, when she is old enough, she will want to change her name to yours. Sorry I don’t have more to offer. Maybe someone with more information on the legal side of things will come along soon and be more helpful. Hang in there.
ScottGem (Mar 17, 2008 06:25 AM): Not at all accurate. If he can establish paternity, he certainly does have rights concerning name, custody etc.   Source:
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ScottGem Posts: 58,147, Reputation: 28160
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#3

Mar 17, 2008, 06:28 AM


Your problem here is one of timing. If the husband of the mother signs the birth certificate and acknowledges paternity, they he is the legal father unless challenged within a specified time period. Since your daughter is 17 months, that time period may be over with or coming to a close. So you need to get the court to order the because changed asap. And yes you should file for court ordered custody, visitation etc.
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Bluerose's Avatar
Bluerose Posts: 1,523, Reputation: 1585
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#4

Mar 17, 2008, 08:24 AM
It must be different in US. Sorry didn't mean to mislead anyone.
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conscious's Avatar
conscious Posts: 4, Reputation: 1
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#5

Mar 17, 2008, 09:41 AM
There is no husband.she is not maried to her first child's father.family court said its out of their hands & that I would have to take it to another court.
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ScottGem's Avatar
ScottGem Posts: 58,147, Reputation: 28160
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#6

Mar 17, 2008, 10:10 AM


What other court?
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