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clinton262 · Jan 7, 2008, 07:48 AM

My son lives with his mother in Brooklyn.I went to court and got visitation rights for every other weekend(I wanted more time but was allowed this amount of time).However the mother would still give me hard time when came time to pick up my son.This past summer Iwas supposed to pick him up my son so he could spend summer vacation with me but again she tried to defy the cort orders.I then got the police to go in her house to pick up my son so Icould get him to spend the vacation with me.She then proceed to get the child's name changed to her surname thrugh the courts.I do have paternity papers showing that I am the child's father along with his birth certificate.Ithink she told the courts that she does not have any birth certificate for the child because she is an illegal alien and does not have the proper document to obtain another birth certificate that she lost.My plan is to go to the courts and see what my rights are in getting the name changed back to the original surname.

George_1950 · Jan 7, 2008, 07:54 AM

You might stop by the state attorney's office while you are researching this because she may have lied under oath. If it gets that serious, you will want to stop her from leaving the country. You will need a competent lawyer for a restraining order and other relief.

ScottGem · Jan 7, 2008, 07:59 AM

Whoa, what makes you think she changed the name? She would have to present the date and place of birth to get a new certificate. They would first check for an existing certificate before issuing a new one. Have you checked with the Bureau of Vital Records to see what they have on file? If you find that a new because has been entered for your son, ask someone at the bureau how that could have happened and what has to be done to return it. If you have asertified copy of the because and a court order that details custoday and visitation, you should have no problem getting this corrected.

clinton262 · Jan 7, 2008, 09:33 AM

Scottgem Ido have a because and paternity documents.She did not receive a new because but has received documentations from the courts(which I saw) stating that the name has changed.I am not sure if she can receive a new because without my participation because she will need government id to obtain a new because which she does not have.I will get all my documents together including proof of child support and court order showing visitation details provided by the courts to bring to the courts.thank you

ScottGem · Jan 7, 2008, 09:46 AM

I'm curious about the documents you saw. As far as I know, a court order to change someone's name means that a new because must be filed. So if she did get a court to agree to the change, its not official until she takes it to BVR and has a new because issued.

Now I don't understand why a court would issue such an order without checking for a current because. So I wonder if the order says something to the effect of if no father was listed, to change the name.

But that's really all moot. You should be able to stop it with your proof.