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sarahel2007 · Jul 16, 2012, 05:58 PM

I want to change my sons last name to my maiden name. His biological father and I were never married and he has not seen him since he was 3 months old. He is now almost 3 yrs. I've done some online research and am still not sure where to start. Some sites say I should get an attorney and others do not. I just need help knowing where to start and how to get the ball rolling. He also has no legal rights seeing as there is no proof of paternity. I am his only legal guardian and the only parent listed on my sons birth certificate. Anyone with some advice would be greatly appreciated.

Fr_Chuck · Jul 16, 2012, 09:33 PM

You do not need an attorney as long as the bio father will sign to agree to the change.
Sorry you will not have to prove he is the father. And then get him to sign.

Just not being on the birth certificate does not take away his "rights" what it does do is require him to go to court to prove paternity before he can get the enforced though court.

ScottGem · Jul 17, 2012, 03:48 AM

A birth certificate is a legal document and requires a court order to change. If you petition a court for the change, the court is likely to to tell you to identify the father and get his permission for the change.

You are incorrect when you say he has no rights. He has rights, he just needs to go to court to enforce them. By leaving him off the birth certificate you have created more problems, since, any legal issues will require that he be identified.

sarahel2007 · Jul 17, 2012, 06:08 AM

I didn't actually leave him off. The state of Arkansas will not put a man on the birth certificate until a paternity test is done because we were not married. And until he is proven the father he has no rights to my son. I've already spoken with law enforcement on that one.

ScottGem · Jul 17, 2012, 06:22 AM

Originally Posted by sarahel2007

until he is proven the father he has no rights to my son.

Law enforcement is often not the best source of what the law is. This is an example. It is not true that he has no rights. Parental rights are inherent in a parent. But to exercise those rights, he has to first prove he is a parent AND get a court to order enforcement of his rights. Until that happens, you can deny him any rights he asks for.

And, if you try to get the name change, the court will probably require that paternity be legally established.

GV70 · Jul 17, 2012, 10:43 AM

When a biological parent hasn't bothered to formalize his rights or seek any level of contact for years, even if he opposes the petition the "best interest" standard is usually not that hard for the parent to meet.

AK lawyer · Jul 17, 2012, 10:52 AM

Originally Posted by sarahel2007

... I've done some online research and am still not sure where to start. Some sites say I should get an attorney and others do not. I just need help knowing where to start and how to get the ball rolling. ...

Those sites which do not suggest getting an attorney are simply failing to state the obvious. An attorney will know where to start and roughly what to do. That's exactly what you pay attorneys for.

If you do want to do this on your own, do the following:

Check your state court's website to see if pertinent forms are available online. If not, you will have to create your own.
Check the state statutes and court rules for the procedure you will need to follow.
Take it from there.

Fr_Chuck · Jul 17, 2012, 11:11 AM

Lets look at it this way, even lawyers hire laywers to represent them.

I went to law school, worked for the Justice Dept and a state government. And in my state I would know where to start on this if it was me, but I would not, I would not be able to stay calm in court, and not able to think clearly under pressure about my own case.

Always get a lawyer if you can