I currently live in Texas. My child was born in Wisconsin. Recently I got married to the biological father of the child. My question is what process do I have to go through without flying to WI to change her last name.

Thank you
Newlywed

You need to go to Family court and ask for a name change, Since the bio father will, I assume, agree, this should be easy.

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Originally Posted by Momof2intx

I currently live in texas. My child was born in Wisconsin. Recently i got married to the biological father of the child. My question is what process do i have to go through without flying to WI to change her last name.

Thank you
newlywed

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You wouldn't travel to change her name; Wisconsin requires that you be a resident in order to change your name in this state.

This link is for the Texas Department of State Health Services and specifically addresses changing a child's last name:
Texas Vital Statistics ? Paternity Frequently Asked Questions

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Originally Posted by ScottGem

You need to go to Family court and ask for a name change, Since the bio father will, I assume, agree, this should be easy.

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Actually, if the child is less than a year old, it might be easier to change the name on the Wisconsin Birth Cetificate. Look here.

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Originally Posted by AK lawyer

Actually, if the child is less than a year old, it might be easier to change the name on the Wisconsin Birth Cetificate. Look here.

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I already looked at that. The first thing it states under eligibility is:
You must be a resident of Wisconsin.
The parents are no longer residents of Wisconsin, as stated in the OP's question.

WI Statute 69.11 states that a birth certificate can be amended without a court order within the first year of the child's birth if the information submitted was incorrect or omitted at time of submission - that's not the case here. The child was (presumably) given the mother's maiden name; the mother has since married the biological father and now wants to change the child's last name to reflect the father's name.

But regardless, they are not WI residents. WI does not have jurisdiction.

Oops. Duplicate post. See the next one please.

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Originally Posted by this8384

I already looked at that. The first thing it states under eligibility is:
You must be a resident of Wisconsin.
The parents are no longer residents of Wisconsin, as stated in the OP's question. ...

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Ah. But you are quoting what the Wisconsin Court System web site FAQ page says about a name-change petition. That clearly doesn't apply to a BC change through Wisconsin Vital Statistics Department.

"...
Eligibility
You must be a resident of Wisconsin. The petition must be filed in the county of your residence.
..."

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Originally Posted by this8384

...
WI Statute 69.11 states that a birth certificate can be amended without a court order within the first year of the child's birth if the information submitted was incorrect or omitted at time of submission - that's not the case here. ...

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Strange. Seems to be inconsistent with this:

"767.803
767.803 Determination of marital children. If the father and mother of a nonmarital child enter into a lawful marriage or a marriage which appears and they believe is lawful, except where the parental rights of the mother were terminated before either of these circumstances, the child becomes a marital child, is entitled to a change in birth certificate under s. 69.15 (3) (b), and shall enjoy all of the rights and privileges of a marital child as if he or she had been born during the marriage of the parents. This section applies to all cases before, on, or after its effective date, but no estate already vested shall be divested by this section and ss. 765.05 to 765.24 and 852.05. The children of all marriages declared void under the law are nevertheless marital children."

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Originally Posted by AK lawyer

Ah. But you are quoting what the Wisconsin Court System web site FAQ page says about a name-change petition. That clearly doesn't apply to a BC change through Wisconsin Vital Statistics Department.

"...
Eligibility
You must be a resident of Wisconsin. The petition must be filed in the county of your residence.
..."

Strange. Seems to be inconsistent with this:

"767.803
767.803 Determination of marital children. If the father and mother of a nonmarital child enter into a lawful marriage or a marriage which appears and they believe is lawful, except where the parental rights of the mother were terminated before either of these circumstances, the child becomes a marital child, is entitled to a change in birth certificate under s. 69.15 (3) (b), and shall enjoy all of the rights and privileges of a marital child as if he or she had been born during the marriage of the parents. This section applies to all cases before, on, or after its effective date, but no estate already vested shall be divested by this section and ss. 765.05 to 765.24 and 852.05. The children of all marriages declared void under the law are nevertheless marital children."

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And all of that might mean something if the parents were Wisconsin residents - which they are not.

Additionally, the statute you are quoting applies to changing the father's name on a birth certificate - not the child's name - in the incident that the father's name was omitted from the original application. So it's still wrong.

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Originally Posted by this8384

And all of that might mean something if the parents were Wisconsin residents - which they are not.

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*Sigh*

Please pay attention.
They don't have to be residents to get their child's BC changed.

They only have to be Wisconsin residents if they want to petition, in Wisconsin courts, for a name change.

Suppose a couple in California want to adopt a child born in Wisconsin, and then get the BC changed. Do you seriously imagine they would be out-of-luck because they are not Wisc. Residents?

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Originally Posted by AK lawyer

*Sigh*

Please pay attention.
They don't have to be residents to get their child's BC changed.

Only if they want to petition, in Wisconsin courts, for a name change.

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*sigh*

Try reading state statutes before you reference them.

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Originally Posted by AK lawyer

*Sigh*

Please pay attention.
They don't have to be residents to get their child's BC changed.

They only have to be Wisconsin residents if they want to petition, in Wisconsin courts, for a name change.

Suppose a couple in California want to adopt a child born in Wisconsin, and then get the BC changed. Do you seriously imagine they would be out-of-luck because they are not Wisc. residents?

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Completely off-topic. This has nothing to do with adoption whatsoever. Both biological parents are still involved.

And you still haven't provided a statute to back up anything you've said.

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Originally Posted by this8384

Completely off-topic. This has nothing to do with adoption whatsoever. Both biological parents are still involved.

And you still haven't provided a statute to back up anything you've said.

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No. Your are quite right. This has nothing to do with adoption.

It has to do with "process [OP would] have to go through without flying to WI to change [the child's] last name". I am telling her that the easiest process might be to apply to the Wisconsin Vital Statistics Office for a birth certificate change, and not petitioning (in court) for a name change in, Texas, or anywhere else.

I can't provide a Wisconsin statute which discusses residency requirements for birth certificate changes.

BECAUSE THERE ISN'T ONE!

The notion that Wisc. Vital Stats doesn't have "jurisdiction" comes solely from your misreading of the FAQ.

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Originally Posted by AK lawyer

I can't provide a Wisconsin statute which discusses residency requirements for birth certificate changes.

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No, you can't provide a Wisconsin statute which answers the OP's question. Instead, you're making an assumption that her case falls under the 1-year exception, giving advice which can only be called "faulty" at best and quoting statutes which do not apply to the question. She asked about changing her child's last name; you referenced a statute which allows a husband/father's name to be added to the birth certificate.

OK, enough! There has been no indication of the age of the child or how long they have been in Texas. So you are arguing over something that may not be applicable.

Based on what HAS been cited here, I would suggest that the OP contact the WI Bureau of Vital Statistics and see if they can amend the because since the bio parents are now married. If WI says no, then they should file in TX for a name change.