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Home > Law > Family Law   »   husbands name vs biological

 
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Old May 18, 2007, 09:20 PM
n9182004
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husbands name vs biological

I had a baby with a married man who at the time didnt want nothing to do with the pregnancy or the baby. While I was pregnant I got married so when my child was born my child had my husbands and my last name

Now the biological father ( which is still married) want to be involved in the childs life after a paternity test but wants his name on the birth certificate and the child be given his last name

How can allow him to be involved with out having to change the last name?

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Old May 18, 2007, 09:41 PM   #2  
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As I understand it, since your husband signed the birth certificate, he is legally the father and I don't think the biological father can force you to change the BC. If you want my opinion, tell the guy if he wants to play daddy he's going to have to get a lawyer and a court order for a paternity test. Then make sure you hit him up for back child support. If you play your cards right, you can keep him out of your child's life all together, which, considering that the guy didn't want anything to do with the baby in the first place, might not be a bad idea. Your baby has a father--your husband. Anyway, that's my 2 cents. Do with it what you will.
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Old May 19, 2007, 01:24 AM   #3  
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The biological father may be able to get visitation and exercise his "parental" rights however he CANNOT make you change the child's last name. He may be able to get his name on the birth certificate (unsure?) if he fights really, really hard and has an attorney. Don't worry about idle threats........concentrate on what is really going to effect the child such as who he/she is around and who has input into his/her life. Insist the bio dad get to know the child slowly before throwing him/her into unsupervised visits, etc. I know how scary threats and angry words can be..... Try to focus on "what's in the BEST interest of my child?" instead of what everyone wants.... Don't allow yourself to be degraded, verbally abused by the "father" just because he is angry that he may now have to step up to the plate. Remember, you are the primary protector of your child. Cathy
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Old May 19, 2007, 05:15 AM   #4  
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I don't think he can force a name change, however he can get visitation but at the same time he would have to start paying child support...and pay all back child support.
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Old May 20, 2007, 08:36 PM   #5  
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Birth Certificate Rights

Does the biological father of my child have the right to change the last name on the birth certificate after paternity has been established. Even if I dont want him to and want to keep it with my husbands last name on it??
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Old May 20, 2007, 08:39 PM   #6  
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No, he does not have that right but he could sue for it. He'd lose in most courts since it sounds safe to assume you two were not married, right.
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Old May 20, 2007, 08:47 PM   #7  
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Quote:
Originally Posted by ballengerb1
No, he does not have that right but he could sue for it. He'd lose in most courts since it sounds safe to assume you two were not married, right.
no we were not but can his name be put on the birth cert. if he wanted.
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Old May 20, 2007, 08:49 PM   #8  
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Not unless you agreed to this changes or he successfully sues you to force a name change. He'd lose that fight but he could still drag you to court to wear you down. Tell him to take a hike.
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Old May 20, 2007, 08:53 PM   #9  
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Quote:
Originally Posted by ballengerb1
Not unless you agreed to this changes or he successfully sues you to force a name change. He'd lose that fight but he could still drag you to court to wear you down. Tell him to take a hike.
Thanks...One more Question by giving him an in home paternity test can that cause me problems later on if I go to court

Comments on this post
GV70 agrees: yes of course...do not give him anything
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Old May 20, 2007, 08:56 PM   #10  
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Problably not since it shows you have tried to be co-operative. The courts would likely ordered it anyway. Since you weren't married you did not have his last name so you son has your last name. Hey, I'm a guy but lets face it, he only contributed a tiny little swimmer, you made the rest on your own.
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