[miszee]

My son's original birth certificate and record has him listed with my maiden name as I was unmarried at the time of his birth. I lost his birth certificate and requested a copy from PA dept of vital statistics. When I received it, my son's last name was changed to be his biological fathers last name. I went to vital statistics and was told there was an affidavit of paternity showing to make that change. I received a copy of the affidavit and in error my county's domestic relations filled in that portion of the form incorrectly.

My son is now 16 and has used my maiden name his entire life. He has never for any reason used his fathers last name (who is not in the picture and owes me over 40 thousand in child support that I go round and round about getting... which will NEVER happen obviously). Anyway - I was told I need to hire an attorney to get his name changed (corrected in my eyes... ) and a court order is the only way to change it.

My question is - can I do this myself (get a petition for name change) and approach the courts for this approval without an attorney? It is really clean cut and I don't feel an attorney would benefit me in any way. I am trying to cut the costs here obviously.

Any info or help on where to start, get the forms, if an atty is required, etc would be helpful. My son can not get his drivers permit until I have this name correct on his birth certificate. All other legal docuemnts show a different last name (ss#, school records, etc.)

Thanks.

[stinawords]

You will also need the bio fathers permission to change his name. I know you don't want to hear that but when paternaty was established his bio father gained rights to his son too. You do have to go through court and not all states require an attorney but no one at the court house or anything can help you much and because the bio father will also have to give permission for changes that is why attorneys are very helpful. Do you know where his father is? If not the attorney can tell you what measures need to be taken to get in contact with him about a pending court date for a name change. Have you gone back to court to have the support enforced? If not you should also do that and that does not require an attorney you have the state on your side with that.

[miszee]

I can get in touch with the father. Does he have to be present at court? Or can he sign the back of the birth certificate - there is a place to sign if you want to change - both parents have to sign.

And if he has to be present, what if he doesn't show?

As for Child Support - he lives in another state and I file petitions every year. It takes Ohio about a year to get him back in court and he is usually ordered to pay 500$ to stay out of jail. He does that and we start all over again when I don't get any current support. So each year I get around 500$. Trust me, I constantly go around with this. I email Ohio sheriffs departments, commissioners, governors, etc and still it takes a year for me to get a small amount of what is owed. My oldest son is going to college next year - all on me!

[stinawords]

Well your son is lucky he has you I went to a private college and it was all on me (still on me because like millions of others I have student loans). He should be able to sign the back of it and not appear as long as you have his signature on it. The problem with him just not appearing is that you have to show significant evidence of trying to find him according to your state (and sometimes county) guidelines. That being said if you have his signature and he dosen't show that should be enough. When you do get a court date though I would still send him a registered letter so that way you have proof also that he received it.

[miszee]

Wonderful. I will show proof that I email and call him - but I just know he won't show. Anyway, in searching for the petition form - any idea where to get an official petition? The courthouse said I need to get one from a lawyer but I see many on the internet for a small fee - Any recommenedations?