Yesterday I went to court for child support here's the info in 1997 I met my now husband I was 6 months pregnant at the time. Well my sons biological father was not involved in his life because he was not given opportunity to do so because of my husband wanting to play the role of his ( my son) father as to why he volunteerily sign the declaration of paturnity on his own emissions well to move along 10 years later we are separated for 8 years and I have since filed for child support against him well my son is covered by his health insurance and the child support services caught up with him for monetary assistance he All of a sudden decided that he didn't know what he signed and doesn't want to pay . Well the Judge made the judgement for the declaration of paternity be set aside which meant he will not have to pay child support. My question is this How do I change my sons last name in this curcumstances ? I would like to ave my moms maiden name

Let me see, you and he decided in 1997 that you would both commit fraud and both sign a document and file it with the court that he was the father. And you also decided not to do the legal thing and have him actually adopt the child.

In doing so you stopped the biofather from having his legal rights to the child?

I am saying yes it is a very good idea that the judge will throw out that and find he is not the legal father. And it is possible then for the bio father to sue you for the fraud because you did not allow him his rights.

This could end up as a large expensive court fight, you need a seroius attorney.

Fr_Chuck is right absolutely right. By no longer having a father the name change is relatively easy. However, if the bio dad wants to sue you are going to need one heck of a lawyer. You will not get any child support unless you want to bring the bio dad into court and petition the court to order a DNA test at which point bio dad can counter sue, as mentioned above. But if all you are after is a name change just fill out the paper work and call the county clerks office to find out exactly where to file it (each court is a little different with that).