I had a baby with a married man who at the time didn't want nothing to do with the pregnancy or the baby. While I was pregnant I got married so when my child was born my child had my husbands and my last name

Now the biological father ( which is still married) want to be involved in the child's life after a paternity test but wants his name on the birth certificate and the child be given his last name

How can allow him to be involved with out having to change the last name?

As I understand it, since your husband signed the birth certificate, he is legally the father and I don't think the biological father can force you to change the BC. If you want my opinion, tell the guy if he wants to play daddy he's going to have to get a lawyer and a court order for a paternity test. Then make sure you hit him up for back child support. If you play your cards right, you can keep him out of your child's life all together, which, considering that the guy didn't want anything to do with the baby in the first place, might not be a bad idea. Your baby has a father--your husband. Anyway, that's my 2 cents. Do with it what you will.

The biological father may be able to get visitation and exercise his "parental" rights however he CANNOT make you change the child's last name. He may be able to get his name on the birth certificate (unsure?) if he fights really, really hard and has an attorney. Don't worry about idle threats... concentrate on what is really going to effect the child such as who he/she is around and who has input into his/her life. Insist the bio dad get to know the child slowly before throwing him/her into unsupervised visits, etc. I know how scary threats and angry words can be... Try to focus on "what's in the BEST interest of my child?" instead of what everyone wants... Don't allow yourself to be degraded, verbally abused by the "father" just because he is angry that he may now have to step up to the plate. Remember, you are the primary protector of your child. Cathy

I don't think he can force a name change, however he can get visitation but at the same time he would have to start paying child support... and pay all back child support.

Does the biological father of my child have the right to change the last name on the birth certificate after paternity has been established. Even if I don't want him to and want to keep it with my husbands last name on it?

No, he does not have that right but he could sue for it. He'd lose in most courts since it sounds safe to assume you two were not married, right.

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Originally Posted by ballengerb1

No, he does not have that right but he could sue for it. He'd lose in most courts since it sounds safe to assume you two were not married, right.

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No we were not but can his name be put on the birth cert. if he wanted.

Not unless you agreed to this changes or he successfully sues you to force a name change. He'd lose that fight but he could still drag you to court to wear you down. Tell him to take a hike.

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Originally Posted by ballengerb1

Not unless you agreed to this changes or he successfully sues you to force a name change. He'd lose that fight but he could still drag you to court to wear you down. Tell him to take a hike.

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Thanks... One more Question by giving him an in home paternity test can that cause me problems later on if I go to court

Problably not since it shows you have tried to be co-operative. The courts would likely ordered it anyway. Since you weren't married you did not have his last name so you son has your last name. Hey, I'm a guy but lets face it, he only contributed a tiny little swimmer, you made the rest on your own.

If he has legally proven paternity then yes I am sorry but he does have the right. In that he has the right to petition the court for a name change, and yes there is a possibility that the Court may order it. No he does not have the right to change it without petitioning the court. It does depend on the age of the child and what state you are because there are exceptions.

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Originally Posted by n9182004

Does the biological father of my child have the right to change the last name on the birth certificate after paternity has been established. Even if I dont want him to and want to keep it with my husbands last name on it??

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I have some additional questions:
1.Were you married when the child was born?
2.Who is on BS-your husband or the biofather?

Where do you live in?Some states have time limits for paternity establishment,other-don't.

A key issue here is the time frame. Its not clear from your note whether paternity has been established or not. If it is the bio father can, and probably will, be able to force some visitation and joint custody (meaning a say in how the child is raised) arrangement if he pursues it in court.

There is no way he can force what name the child goes by, but he may be able to force his name on the because.

Pleaze don't start separate threads with the same or very similar issue. I'm asking they be combined.

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Originally Posted by ScottGem

A key issue here is the time frame. Its not clear from your note whether paternity has been established or not. If it is the bio father can, and probably will, be able to force some visitation and joint custody (meaning a say in how the child is raised) arrangement if he pursues it in court.

There is no way he can force what name the child goes by, but he may be able to force his name on the b/c.

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Yes-and it is not clear how the paternity test was made-as a private test or as a court ordered test.Some states do not allow paternity changes after 2 years from the child's birth.I am not sure whether the court would give to the BF visitation without disestablishing the husband's paternity.If the court allows the BF claim,BF will be on the BS and he will be the legal father of the child.That means he will be able to change the child's last name.

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Originally Posted by GV70

I have some additional questions:
1.Were you married when the child was born?
2.Who is on BS-your husband or the biofather?

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I was married when she was born and my husbands name is on the birth certificate... my child is only 2 mo old

OK... I think the biological father has right to go to court and to ask for paternity test.There are 3 types of states:
1.Some states do not allow paternity questions about marital children-as Michigan for example
2.Some states allow this process but they do it with presumption"Marital vs.biological father-who is better to stay as a legal father"
3.Some states allow biological father to disestablish husband's paternity at any time-as Tennessee as an example.
It all depends of where are you live in...
What does your husband think?

From what I know of law (not much) the biological father can't *kick* your husband off the certificat. Even with a pirturnity test and all.. teh certificat is set in stone as long as your husband is still in the picture. And as far as visitations and such go...
The course Won't grant him this based on the fact he wasn't in the child life from the get go, and Doesn't have a good reason for that gap. I know the courts in canada would just through this case out because for the well being of the child the biological dad is not needed nor wanted. etc...
Family law is so various though.. always depends on where you live how much $$$ you have and who your judge is...

[QUOTE=Nighteyes]From what I know of law (not much) the biological father can't *kick* your husband off the certificat. QUOTE]
From what I know of the Law/enough much/the biological father CAN *kick*the husband off the birth certificate and also to change child's last name:)