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mariela_r88 · Dec 27, 2006, 03:55 PM

Hi, I want to change my daughter's last name, I'm a single mom but the father signed papers, so she has his last name (she has 1 month), but the guy and me not even talk, so I don't know what do I need to change her last name, since he doesn't even care about my daughter and I'm afraid someday he'll come and try to take away my daughter from me, or something, when I was at the hospital having my baby he showed up and told me that the baby was going to have his last name or he was going to do something to us, and I was afraid and I accepted, but a friend told me a few days ago that he couldn't do that.. please help me to find out how to change her last name.
Thanks

CaptainForest · Dec 27, 2006, 07:42 PM

Has he ever gone to court to get custody?

If not, then he has NO legal standing at all and you can very much change your child's last name.

If he wants to see his kid, he will first have to prove he is the father by going to court.

Fr_Chuck · Dec 27, 2006, 07:51 PM

First merely changing the last name does not change his right to custody.

When you have a child with someone, even if they are not listed on the birth certificate, they still have legal rights.

So if you are not married to him, you need to file for custody of the child, because until you go to court and get legal custody the father has as much right to the child as you do.

If there is a doubt that he is the father, you can ask for a DNA test.

So you need to go to court, get legal custody, work out visitation if he wants it, and arrange for him to start paying child support,

Just changing a name has no bearing on cusody at all.

ScottGem · Dec 27, 2006, 07:51 PM

Having his last name doesn't give him any right to take your daughter. Nor does changing the name take that right away. He would have to take you to court to obtain custody. Unless he can prove you an unfit parent, that's unlikely. I'm not sure you need to file for legal custody since you already have custody. He would need to go to court to gain custody.

A person can use any name they want as long as there is no intent to defraud. But if you want to change the birth certificate, you will have to file a petititon in court. Its fairly simple and a family court clerk should be able to show you how.