birth certificate

Rosy - posted on 02/19/2016 ( 9 moms have responded )

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I have my sons father name on his birth certificate and on his passport. Fathers name is not on the birth certificate so can I change his surname to mine with out his consent. OR
can I have both surname his and mine - Our relationship is rocky on and off and I plan to go away with my son and my family but my partner refusing for us to go.

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Raye - posted on 02/19/2016

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Your post is confusing. So, you gave your son his father's last name? But where you're supposed to put who the father is on the BC, you didn't?

If you're in the USA, you need a judge to approve the name change. You can't just change it for no reason. If the father contests the change, then most likely you won't be able to change it. Depending on where you live, you may still need the father's permission to take the child away where it would be a hardship for the father to visit his child. The father could take you to court and fight for custody and win.

You should speak to a lawyer to find out the laws where you live, and if your plans are legal. Whether or not you're happy with the baby's father is generally not a legal consideration in whether you are required to co-parent with him.

The proper time to think about whether you wanted a child to tie you to this man forever would have been before you had sex with him... Now you should be thinking about what is in the best interests of your child, and whether your son would want to have a relationship with his father. YOU certainly don't have to be in a romantic relationship with him. But he IS the baby's father, and he only has to go to court, take a simple DNA test, and get awarded rights to his child.

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♫ Shawnn ♪♫♫ - posted on 02/20/2016

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That's always best, Rosy and good luck!

Rosy - posted on 02/19/2016

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Thanks everyone!!!! I think I know what I will have to do and that is to get legal advise.

♫ Shawnn ♪♫♫ - posted on 02/19/2016

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If you are in the US, the answer is NO. You cannot make that determination on your own.

If you want to change the child's surname, it is a legal process, requiring petitioning the courts, advertising the petition, waiting for responses to the petition, and then judicial review and decision.

Raye - posted on 02/19/2016

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The advice is... speak to a lawyer. The father can still have rights if he takes you to court over it. Abuse to the mother does not indicate he would abuse his child.

Rosy - posted on 02/19/2016

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Hi re reading my post I can see how confusing it is. I am from London, If I was honest I would not have put my sons fathers name on the B.C I was not force to but was told to. he did not realize himself that his name was not on the B.C either just wanted to see his sons full name on it. Our relationship is rocky, and when I mean rocky police are called in by neighbors and my poor 2 year old shuts himself in his room. its pure abuse words and throwing things around. When my partners good boy his a totally different person.
I just want advise.

many thanks

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