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Unless you have a very rare last name (not a Johnson, Smith, etc.) and she has not put your Christian name (first name) down on that certificate there is nothing you can do. If she has, then you need to get a genetics test done to settle this once and for all and have the courts remove your name from this certificate.
For Example: Sean Carmichael Kiselbachian
Such a name definetly pin points you, but if your name was Ben Johnson and that's what she put, there isn't too much you can do.
That may not be the biggest issue that needs to be addressed. In almost every state a man who has been erroneously named on a birth certificate has a specified amount of time to prove that claim false. The CA. court system, in particular is well-known for wining child support awards from men who were not the biological father by the use of the default laws. Recently in CA. a man was ordered by the court to pay $120,000 in back support even though he proved through DNA testing the child was not his. The possibility of winning a lawsuit is highly unlikely. Likewise, states are reluctant (an understatement) to file charges against women who commit such action.
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∙ 8y ago
Wiki User
∙ 17y agoYes, it is a fairly simple process that is handled in the circuit court of the city or county of residence. In all states if the couple were not married at the time of the child's birth the mother needs only to file the appropriate forms for name change. In some states where the couple were married the father will need to be notified and given the opportunity to oppose the action. The changing of the last name of the minor child will not affect the rights to receive child support if paternity has been established.
Wiki User
∙ 13y agoif the mother wants the child to have the fathers last name she can or the baby can have her last name
because my boyfriend wants our child 2 have is last name but i want the child 2 have mine because of the rights
Wiki User
∙ 9y agoNot without a legal reason to do so. Legally, a parent can only change wrong information on a birth record, and even then, it's difficult to do. Parents who dislike or hate each other cannot remove the other parent's name from a birth certificate. The normally accepted way to change a child's name would be if the child is legally adopted by another male. Legally, a child who has a named father cannot legally be made "fatherless" on a legal document, e.g. birth certificate. The child, from infancy, has legal rights to have a "name", and legal rights as heir to "a father".
*Note: The issues of naming a father on a birth certificate are very important also for unwed moms to consider before naming the father. The child has legal rights to the father's name and any estate, but not the unwed mother. But as well, naming the father creates a legal interaction between mom and dad for at least 18 to 24 years of a child's life when born "out of wedlock". If a mom dislikes the guy...hates the guy... there's no way to change the birth information the mother and father provide. Unwed moms might benefit from talking to an attorney so the mom knows her legal standing...
Wiki User
∙ 9y agoThe answer depends on the details. A mother can petition the court for a name change but the court will require that the father be given notice of the petition and will require his consent. Depending on the circumstances some fathers may consent to the name change.
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∙ 14y agoThat depends. If the mother has full custody of the child, then yes. If she doesn't have full custody, then no.
Wiki User
∙ 13y agoYes it would be illegal if the mother did not agree.
Wiki User
∙ 12y agoIf you are not married to the mother the decision what last name the child will have is hers.
In the United States men have no superior legal rights.
Wiki User
∙ 11y agoA unwed mother can give her child any name she wants to regardless of who the father is.
Wiki User
∙ 12y agoNo.
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If child's father has not ever seen child and child has mothers last name can mother change last name of child if they got married?
yes, through the courts
The parents of a child are unmarried and the father's name is not on the birth certificate. The mother gave the child her last name. Does she have to change it to her father's last name?
NO. In most states the father of the child must be present at the time of birth to sign the birth certificate as the father of the child. It could, in reality, be any man who would be willing to take legal responsibility for the unborn child. A child will only automatically get the father's name if the two parents are married. Even if the father pays child support, the mother is not obigated to change the child's last name to that of the father.
If your daughter has her father's last name can you change it to her mother's last name?
In the United States, if you are a parent or legal guardian, and the child isn't of legal age yet, then you can get it officially changed.
Can a father remove his last name from child's and child get mothers last name?
Yes, a father can change his child's last name. However, this depends on the custody arrangement, and who has primary custody.
How can a guardian of a minor child change the child's last name?
As far as I know, legal adoption is the only thing that can change a minor child's last name. It will cost in legal fees though if it is contested.
If the child does not have the fathers last name can the father change the childs last name?
If he is married to the child's mother the decision is theirs to make, but if he is not married to her the mother decides the child's last name.
If child's father has not ever seen child and child has mothers last name can mother change last name of child if they got married?
yes, through the courts
If a father is not married to child's mother can the father change the child's last name to his?
Not unless he is the legal guardian.
If the mother did not change the childs last name after the dna test does that end child support?
NO.
can a mother change the last name of her child without the fathers consent?
THE ANWSER NO WAY
How do you findout if the mother of your child has changed the child's last name?
For a name change you need to check the local probate and family court to see if a name change was requested and allowed by the court. A name change will not be reflected on the child's birth certificate.
How can mother change last name to hers of father is not on birth certificate and they are not married?
The custodial parent can change the child's name to anything she wishes.
The parents of a child are unmarried and the father's name is not on the birth certificate. The mother gave the child her last name. Does she have to change it to her father's last name?
NO. In most states the father of the child must be present at the time of birth to sign the birth certificate as the father of the child. It could, in reality, be any man who would be willing to take legal responsibility for the unborn child. A child will only automatically get the father's name if the two parents are married. Even if the father pays child support, the mother is not obigated to change the child's last name to that of the father.
If baby already has father last name and he pays child support can mother change to her last name?
If you mean that the mother changes the baby's surname, of course.If you mean that the mother changes her surname to the father's (the same as the baby), of course.
If your daughter has her father's last name can you change it to her mother's last name?
In the United States, if you are a parent or legal guardian, and the child isn't of legal age yet, then you can get it officially changed.
If paying child support should my child have my last name She has her mother's name now. We were never married.?
Child support has nothing to do with the child's name. Just because you pay support, the mother is not obligated to give the child your last name. Many people feel that the child will be more comfortable having the same last name as the custodial parent.
If you are not married and are having a child who should get the last name the mother or father?
This is completely up to the parents, although ultimately the mother will be the one asked to give the child's name. She can choose to give the child either last name.
