I have a boyfriend whose baby's mother is trying to take their son out of the state so we could never see him again and also trying to change his last name. Although his name isn't on the birth certificate, we have a blood test confirming that he IS the father, and he does still have his rights. What should we do? How do we go about getting his name on the birth certificate?

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Originally Posted by LexDun

I have a boyfriend whose baby's mother is trying to take their son out of the state so we could never see him again and also trying to change his last name. Although his name isnt on the birth certificate, we have a blood test confirming that he IS the father, and he does still have his rights. What should we do? How do we go about getting his name on the birth certificate??

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Where?

What does the Court Order say about visitation/custody?

You have no legal standing here, of course. Unless the DNA was Court ordered it is not legally recognized. Was it?

St.Petersburg, Florida. We did not apply for visitation rights just yet. And they made him take a paternity test while in prison so would that make it legalized?

JudyKayTee, more info. She did just file for child support so the courts automatically put his name on the birth certificate. How would we go about getting visitation rights?

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Originally Posted by LexDun

JudyKayTee, more info. She did just file for child support so the courts automatically put his name on the birth certificate. How would we go about getting visitation rights?

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I don't think that's the automatic result in a child support case.

You get visitation rights by filing for them.

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Originally Posted by AK lawyer

I don't think that's the automatic result in a child support case.

You get visitation rights by filing for them.

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It is not the case in NY - although I am seeing it happen more and more often as the father requests the change. The Courts are not allowing a name change without the father's consent, however. Nothing new there.

And, yes, the parent goes to Court and requests visitation and/or custody.

She files for support, he counterfiles for custody/visitation. Very typical SOP.