My boyfriend signed the voluntary declaration of paternity for my son when he was born. I have not yet paid for or received a copy of the birth certificate. Now my son's biological father wants my son to have his last name. What do I do? Which one do I deal with first? Do I need to file the papers to change the dec. of paternity? Or the birth certificat?

A son has a right to treat his father as his father, and there`s no paper that can make anyone else his father. How would you like if someone else had written a paper that she`s his mother?

This is a legal question so has been moved from the children forum. Please use more care in choosing the correct forum for posting. Also ANY question on law needs to include your general locale as laws vary by area.

So your boyfriend committed perjury by falsely signing an acknowledgment of paternity. He needs to rescind the acknowledgment immediately. The bio father will then need to file his own acknowledgment and request an amended birth certificate.

Dear JAaberg; depending on individual state laws, your son's age should be the determinant of a name change. When a child begins school, sometimes pre-school, the courts normally rule that changing a child's surname could be detrimental to the child. That ruling, however, usually concerns only both biological parents. As I said, the age will be the biggest factor for the child's well being. Most courts are not consistent on this type of ruling. Good Luck!

JustV