I had a baby with a married man who at the time didn't 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 child's 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?

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.

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

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.

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 don't want him to and want to keep it with my husbands last name on it?

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, 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.

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.

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

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.

If he has legally proven paternity then yes I am sorry but he does have the right. In that he has the right to petition the court for a name change, and yes there is a possibility that the Court may order it. No he does not have the right to change it without petitioning the court. It does depend on the age of the child and what state you are because there are exceptions.

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??

I have some additional questions:
1.Were you married when the child was born?
2.Who is on BS-your husband or the biofather?

Where do you live in?Some states have time limits for paternity establishment,other-don't.

A key issue here is the time frame. Its not clear from your note whether paternity has been established or not. If it is the bio father can, and probably will, be able to force some visitation and joint custody (meaning a say in how the child is raised) arrangement if he pursues it in court.

There is no way he can force what name the child goes by, but he may be able to force his name on the because.

Pleaze don't start separate threads with the same or very similar issue. I'm asking they be combined.

A key issue here is the time frame. Its not clear from your note whether paternity has been established or not. If it is the bio father can, and probably will, be able to force some visitation and joint custody (meaning a say in how the child is raised) arrangement if he pursues it in court.

There is no way he can force what name the child goes by, but he may be able to force his name on the b/c.
Yes-and it is not clear how the paternity test was made-as a private test or as a court ordered test.Some states do not allow paternity changes after 2 years from the child's birth.I am not sure whether the court would give to the BF visitation without disestablishing the husband's paternity.If the court allows the BF claim,BF will be on the BS and he will be the legal father of the child.That means he will be able to change the child's last name.

I have some additional questions:
1.Were you married when the child was born?
2.Who is on BS-your husband or the biofather?
I was married when she was born and my husbands name is on the birth certificate... my child is only 2 mo old

OK... I think the biological father has right to go to court and to ask for paternity test.There are 3 types of states:
1.Some states do not allow paternity questions about marital children-as Michigan for example
2.Some states allow this process but they do it with presumption"Marital vs.biological father-who is better to stay as a legal father"
3.Some states allow biological father to disestablish husband's paternity at any time-as Tennessee as an example.
It all depends of where are you live in...
What does your husband think?

From what I know of law (not much) the biological father can't *kick* your husband off the certificat. Even with a pirturnity test and all.. teh certificat is set in stone as long as your husband is still in the picture. And as far as visitations and such go...
The course Won't grant him this based on the fact he wasn't in the child life from the get go, and Doesn't have a good reason for that gap. I know the courts in canada would just through this case out because for the well being of the child the biological dad is not needed nor wanted. etc...
Family law is so various though.. always depends on where you live how much $$$ you have and who your judge is...

[QUOTE=Nighteyes]From what I know of law (not much) the biological father can't *kick* your husband off the certificat. QUOTE]
From what I know of the Law/enough much/the biological father CAN *kick*the husband off the birth certificate and also to change child's last name:)

If the child is only 2 months old, then none of the time isssues will truly apply. IF the bio father takes a paternity test and it shows he IS the bio father, then his rights can be enforced. He would have to go to court, but there is a good likelihood (sorry, Nighteyes but you are incorrect here) that he can have his name on the because. However it is less likely, but possible, that he can force the child to take his name.

It is almost a given that he will be granted visitation rights if he asks for them.

Scott, I am not sure that it is almost a given that he will be granted visitation rights if he asks for them...

If he is proven the bio father and there is no issue of danger to the child (prior record of abuse), then I think he would be granted visitation.

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?
I think you should keep your child's name the way it is. You have been there for your child from day one and that's what matters. Just because the "father" now decides he wants to take responsibility does not mean that you should have to change your child's last name. I have a 13 month old daughter from my previous relationship with a married man and she has my last name. He wasn't there at the hospital when she was born and his name isn't even on her birth certificate, I don't care if he decides one day that he wants to be a part of her life, I am not changing her name. He can add his name to the birth certificate without changing the child's last name.

If he is proven the bio father and there is no issue of danger to the child (prior record of abuse), then I think he would be granted visitation.
OK-let me introduce my opinion.
The court can follow three ways:
1.To reject his paternity and to remain the husband as a /legal/father.In this case the biological father does not have standing for visitation.
2The court can conclude from paternity suit that it is in the best interest of the child to stay with his/her family and as follows the husband is the legal father.In this case the biological father has very little odds for visitation
3.The court can decide that the biological father is THE FATHER... and in this way is the legal father.That means he has right for custody/legal and physical-parent time or visitation.

The court can follow three ways:


I think you miss a fourth option. The Court can acknowledge the paternity but decide that the child's best interest are served by allowing for an extended family. Thereby investing custody in the mother and her family, but giving visitation and other rights to the bio father.

This, is, in my opinion the most likely scenario in THIS case.

I think you miss a fourth option. The Court can acknowledge the paternity but decide that the child's best interest are served by allowing for an extended family. Thereby investing custody in the mother and her family, but giving visitation and other rights to the bio father.

This, is, in my opinion the most likely scenario in THIS case.
The dual paternity is recognized only by Louisiana.Other states do not allow the fourth opinion.

What dual paternity? The mothers husband is the step-father! Custody is invested in the mother. Paternity in the bio father. Happens ALL the time.

It truly doesn't matter. The bottom line is she has the right to ask that the last name not be changed and he has the right to ask that it will be changed. Having proven paternity that is. He further has the right to ask for a custody/visitation order and be involved in the child's life and she has the right to answer to that. HOWEVER, it is all going to be up to the judge plain and simple.

What dual paternity? The mothers husband is the step-father! Custody is invested in the mother. Paternity in the bio father. Happens ALL the time.
It is not legaly clear...
What is Paternity?

Paternity means fatherhood. When a married woman gives birth, her husband is presumed to be the father of the child.
There are two presumptions... The husband is presumed father,the other is the biological father... Here is the legal problem-the biofather cannot have right for visitation without disestablishing of husband's presumed paternity.

n9182004-Why you do not want his name on the BS and do not want to change your child's last name?
Disputes about naming typically arise at one of two stages: choosing the child's name that will appear on the birth certificate, and attempting to change that name later.

When the child is born, the parents may disagree about what surname should appear on the birth certificate. Many states have statutes with explicit instructions for resolving such disagreements.

In Florida, for example, a child whose mother and father both have custody but cannot agree on a surname will be given both, hyphenated, with the names appearing in alphabetical order. Other states provide that a court must decide, based on the best interests of the child, what surname should be entered on the birth certificate in the case of parental disagreement.
Louisiana- the child's last name on the birth certificate may be the last name of the father, if the mother agrees; or the child's last name may be a combination of the last name of the father and the mother's maiden name.
Summary-If the parents can't agree on a last name for the child, the law says it must be the
Parents' last name (if they have the same last name), or a combination of both
Parents' last names in alphabetical order. It is important to know that a combination last name can be made up of two names only.

State laws affect the outcome--agreed. However, an old commonlaw rule that probably applies in absence of any other rules is this: the man whose name is on the birth certificate is the legal father. This rule was created to protect women (who at the time had few means of support and whom could have their lives ruined if their reputations were impuned) from financial ruin should their husbands decide to change their minds about being the father of their wives' children.

The only complication is that, with DNA tests available, the biological father can attempt to prove his paternity. But you have the legal recourse to try to block this paternity test. I would do so if at all possible. But seriously, consult a family lawyer who knows your state rules and regulations. None of us are qualified to give you better advice. I know attorney's are expensive, but if you have to fight the bio father, chances are you're going to need to retain one sooner or later anyway. Good luck.

n9182004-Why you do not want his name on the BS and do not want to change your child's last name?
Disputes about naming typically arise at one of two stages: choosing the child's name that will appear on the birth certificate, and attempting to change that name later.

When the child is born, the parents may disagree about what surname should appear on the birth certificate. Many states have statutes with explicit instructions for resolving such disagreements.

In Florida, for example, a child whose mother and father both have custody but cannot agree on a surname will be given both, hyphenated, with the names appearing in alphabetical order. Other states provide that a court must decide, based on the best interests of the child, what surname should be entered on the birth certificate in the case of parental disagreement.
Louisiana- the child's last name on the birth certificate may be the last name of the father, if the mother agrees; or the child's last name may be a combination of the last name of the father and the mother's maiden name.
Summary-If the parents can’t agree on a last name for the child, the law says it must be the
parents’ last name (if they have the same last name), or a combination of both
parents’ last names in alphabetical order. It is important to know that a combination last name can be made up of two names only.

My husband has been with me throughout the pregnancy and delivery and been taking care of the child.. and now that the bio wants to be part of her life He wants her named changed to his... Why would I want her to have the last name of the man who has denied he was the father and when he knew he didn't want anything to do with her from the beginning... My husband has been her Dad since before she arrived... It would be a slap in the face to just change it to someone who didn't want to acknowlge her