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Dusty123 · Jul 5, 2007, 07:02 PM

My son was born in 2001 and due to very personal circumstances his father remains unknown. At the time of his birth I gave him my married surname because that is the name I was using then. I have since gone back to my maiden name and would like to have his surname changed to MY maiden name as well, BEFORE he starts 1st grade this fall . How would I go about doing this?Is it as simple as going to the Dept. of Vital Statistics? Or do I need a attorney? I am in the state of Alabama if this has any bearing on the answer. Thanks to anyone who can share their knowledge on this.

GV70 · Jul 5, 2007, 07:06 PM

OK... is there a father'name on BC... were you married when your son was born... what about the divorce decree?

Dusty123 · Jul 5, 2007, 07:31 PM

To GV70:

No , the father is listed as "unknown".. Yes, I was married at the time of his birth but separated. My ex is in no way responsible for the being of this child and he acknowledges this in the divorce decree .

GV70 · Jul 5, 2007, 07:41 PM

Originally Posted by Dusty123

to GV70:

No , the father is listed as "unknown"..Yes, I was married at the time of his birth but separated. My ex is in no way responsible for the being of this child and he acknowledges this in the divorce decree .

Wow
A man is "conclusively presumed" to be the father of a child if he is both married to and cohabiting with the mother... how it was resolved in your divorce decree?

GV70 · Jul 5, 2007, 07:44 PM

Maybe it will be easy...

Dusty123 · Jul 5, 2007, 07:49 PM

We were not "cohabitating"... we were separated... there is also a older child who IS the child of my ex... no question there... my ex in no way claims paternity for the child in question... would there have to something in writing from him or a DNA before childs' name could be changed?

GV70 · Jul 5, 2007, 07:51 PM

Alabama Name Change Forms and Name Change Law

Dusty123 · Jul 5, 2007, 07:52 PM

OK... Now... what do I need to do first and it is expensive??

GV70 · Jul 5, 2007, 07:57 PM

A formal request for the name change (petition) is filed with the District Clerk's office at the county court house.The petition requesting a name change is filed in the county where the child lives. A judge is required to consider the "best interest" of the child in determining whether to change the legal name of a minor child. Generally unless a party files an answer and objection to the child's name changed the judge will routinely approve the request for a change of name.

Dusty123 · Jul 5, 2007, 08:02 PM

Thank you so much for your help... do you have any idea how long this might take and any idea about the costs?

GV70 · Jul 5, 2007, 08:15 PM

Originally Posted by Dusty123

thank you so much for your help.....do you have any idea how long this might take and any idea about the costs?

I do not know:confused:

GV70 · Jul 5, 2007, 08:20 PM

It depends on the judges' vacation and local taxes

interinfinity · Jan 30, 2008, 01:04 PM

The guy sounds like a jerk