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marriedinmay · Apr 15, 2009, 06:01 PM

When my son was born the mother and I were not together. She gave my son her boyfriends last name. They are no longer together and I finally have him back in my life. Since he is my biological son what steps do I need to take to get his name changed to mine?

JudyKayTee · Apr 15, 2009, 06:03 PM

What's your son's mother's position on this? Do you pay support (by the way)?

It is fraud to put a name you know is not correct on a birth certificate. Is that what happened?

marriedinmay · Apr 15, 2009, 06:10 PM

The son's mother is fine with changing his name back to mine. We currently do not pay child support but we are working on an agreement. We did not get along at all when he was born so she gave him the boyfriends name out of spite and then kept him from me until now - He is 5. We have worked out all of our differences and I have my son every weekend and sometimes during the week.

JudyKayTee · Apr 15, 2009, 06:30 PM

You have to go to Court - she has committed fraud and I don't think you want to get mixed up in this.

It is also most unfair to the child to have the name changed again (you say changing "back" to your name), to not be supported and to have visitation given and taken away at the whim of the mother.

You need to go to Court. Get DNA, get custody, visitation and support ordered.

Fr_Chuck · Apr 15, 2009, 06:34 PM

Depending on the child's age, the court may or may not allow a name change, but you can address this.

This is also not something you and her can just agree and do without the courts.

The courts will also not even consider it, until you have proven you are the father by DNA, and depending on how long it has been in some US states you can not even do it. The person listed on the birth certificate as the father, even if not, may be stuck being the legal father and paying support if you wait too long in some US states.

So you will need an attorney, there will have to be several motions in court, one for your child support, and all the back support payments, the court will want to see you are visiting, paying support and normally current with support before the name changes will be considered.