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    gatorgirl02's Avatar
    gatorgirl02 Posts: 1, Reputation: 1
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    #1

    Mar 17, 2010, 12:41 PM
    Will the judge ask who the real father of my daughter is?
    I am going through a divorce and my soon to be ex husband is not my youngest daughters real father. We are going back to court to resolve that matter? Will I have to say who the real father is in court? I do not want my ex to know who it is. My fiancé wants to adopt her. So I know I will have to change her name could I change her name to my fiancés?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Mar 17, 2010, 07:13 PM

    Yes, they will want to know, he can even file in court for it to be disclosed

    And the real father will have to be stated for sure to allow new husband to adopt, in fact the real father will have to be contacted and his permission gotten.

    No, the name change will happen at the adoption ( many states will require you to be married for one year first)
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #3

    Mar 18, 2010, 06:58 AM
    Quote Originally Posted by gatorgirl02 View Post
    I am going through a divorce and my soon to be ex husband is not my youngest daughters real father. We are going back to court to resolve that matter?? Will I have to say who the real father is in court? I do not want my ex to know who it is. My fiance wants to adopt her. So I know I will have to change her name could I go ahead and change her name to my fiances??
    Who is listed on her birth certificate as the father? Is it your husband or someone else?

    Legally, you do not have to change your child's name just because you are getting divorced. And in order for you to legally change the child's surname, you need consent of both parents unless you are unable to find the other party - a friend of mine was able to legally change her daughter's name after her ex-husband was deported; she told the courts that she wasn't sure where he was and didn't know how to obtain service in the other country.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #4

    Mar 18, 2010, 07:55 AM
    Quote Originally Posted by gatorgirl02 View Post
    I am going through a divorce and my soon to be ex husband is not my youngest daughters real father. We are going back to court to resolve that matter?? Will I have to say who the real father is in court? I do not want my ex to know who it is. My fiance wants to adopt her. So I know I will have to change her name could I go ahead and change her name to my fiances??
    This is not some kind of game. If he is contesting parentage and assuming he has the right to do so. If he is proven not to be the father of course they are going to ask. Why do you want to hide the information from him? The flip side is if you deceived him that it was his child and you knew it wasn't true he also may have the right to sue the father for the money he put out for the child under the deception.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Mar 18, 2010, 10:04 AM

    I'm not sure it is necessary to specifically inform the ex who the father is. But the bio father will need to be contacted for his permission to allow the adoption.
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