My nephew is nine years old my brother was murdered 6-25-2008. My mom has custody of him and his two sisters. My nephews birth certificate states; first name:___________ middle:_____________ last: BAKER father name: unknown. Every since he was born he has been the second to my brother. But now that my mom has custody of them she trying to get all their thing together. We need help but we don't know where to start. We need to changes is name and we need to put my brothers name on my nephew birth certificate. Pretty much we need to name him as if he was just born today. But now my brother is dead. Can someone please help us.. thanks for your time.

Where is the mother of the child? Were the mother and your nephew ever married?

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Originally Posted by concernauntie

my nephew is nine years old my brother was murdered 6-25-2008. my mom has custody of him and his two sisters. my nephews birth certificate states; first name:___________ middle:_____________ last: BAKER father name: unknown. every since he was born he has been the second to my brother. but now that my mom has custody of them she trying to get all their thing together. we need help but we dont know where to start. we need to changes is name and we need to put my brothers name on my nephew birth certificate. pretty much we need to name him as if he was just born today. but now my brother is dead. can someone please help us..thanks for your time.

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You'd have to petition the court for a name change and your mother would most likely have to submit to a DNA test.

You say your mom "has custody" of the children - is this through court order or did the mother of the children simply leave them with her? If it isn't court ordered, then your mother has no legal standing at this point and needs to file a motion immediately to secure custody.

Is there a reason that the child's last name needs to be changed?

YES, its court order custody. The monther is in jail and we want him to have the same last name as my brother. No my brother and the mother of my nephew has never been married

YES, its court order custody. The monther is in jail and we want him to have the same last name as my brother. No my brother and the mother of my nephew has never been married

Was a paternity test done?
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Rules for changing birth certificates vary from place to place. What state or (if not in the U.S.) country are you in?

Also, the additional of the father's name to the birth certificate will not change the child's name. The mother is actually under no obligation to give the child the father's last name. The name change would be a separate process.