How do I get my husbands last name on my 5 year olds birthcertificate when he has my madden name with out dealing with the courts and all that stuff can I just request a re-filing to put my married name on the birth certificate.

You cannot change his name without "dealing with the courts and all that stuff."

The process varies by State but you need to go through the legal system.

... can i just request a re-filing to put my married name on the birth certificate.

The BC is intended to reflect the situation at the time the child was born. At that time, you were Miss _____ not Mrs. ______. For the BC to show a married name which wasn't yours at the time the child was born could be very confusing.

how do i get my husbands last name on my 5 year olds birthcertificate when he has my madden name with out dealing with the courts and all that stuff can i just request a re-filing to put my married name on the birth certificate.

Random question: is your husband the father of this child? In most cases, you need the biological father's consent to make a name change to the child's birth certificate. If your husband is not the father, you need to locate the father and obtain his consent for the name change.

And as Judy noted, it has to be done through the courts.

YOU cannot change your name on the birth certificate. As previously stated, it reflects your situation at the time of birth. You can change your child's last name with the consent of the legal father. If that is your husband, it should be pretty straight forward.