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The mother has legal custody from birth if never married. The father have to go to court to get his parental rights and prove paternity so he can seek visitation, custody and pay child support. The mother is in this case the one who decides what name the child will have since she is the guardian.

If the custody is not with father, then after getting the custody , they may change the name.

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โˆ™ 2013-04-16 10:32:33
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Q: Who has legal custody of minor child in FL when parents never married but father signed birth certificate how does minor change his name when one parent contests it?
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Can a mother take her kids out of state away from their father if he is not on the birth certificate?

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Who has the custody of a child if the parents aren't married in Michigan?

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