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  1. #1
    Join Date
    Jul 2006
    Posts
    2

    Default Changing Daughter's Last Name on Birth Certificate

    My daughter was recently born to me and my ex-girlfriend. Our daughter was conceived while she was separated from her husband. 5-6 months before our daughter was born, my ex and her husband decided to reconcile mainly for the benefit of their two children.

    My ex has agreed to joint custody and no child support payments from me. At the time of birth there was uncertainty over paternity so her husband's last name was listed as my daughter's last name. The spot for the father's name was listed as "father withheld". Parternity has now been established and I am the biological father.

    At the time, the woman in charge of recording the birth certificate at the hospital said that the last name could not be changed to my last name in the future regardless of paternity results that were not yet performed at the time.

    Is this true?

    If not, what are the steps to make this change of the birth certificate?

    We are all residents of CA and all parties involved know of the situation. Both my ex and I are approaching each issue with the best interest of our daughter and doing so amicably. We were both a little taken aback when essentially told we could never go back and change our daughter's last name to mine on the birth certificate.

    Thank you for your help!

  2. #2
    Join Date
    Jul 2006
    Posts
    985

    Default Re: Changing Daughter's Last Name on Birth Cert.

    Quote Quoting seribellum
    My daughter was recently born to me and my ex-girlfriend. Our daughter was conceived while she was separated from her husband. 5-6 months before our daughter was born, my ex and her husband decided to reconcile mainly for the benefit of their two children.

    My ex has agreed to joint custody and no child support payments from me. At the time of birth there was uncertainty over paternity so her husband's last name was listed as my daughter's last name. The spot for the father's name was listed as "father withheld". Parternity has now been established and I am the biological father.

    At the time, the woman in charge of recording the birth certificate at the hospital said that the last name could not be changed to my last name in the future regardless of paternity results that were not yet performed at the time.

    Is this true?

    If not, what are the steps to make this change of the birth certificate?

    We are all residents of CA and all parties involved know of the situation. Both my ex and I are approaching each issue with the best interest of our daughter and doing so amicably. We were both a little taken aback when essentially told we could never go back and change our daughter's last name to mine on the birth certificate.

    Thank you for your help!
    In CA there is a 2 year window in which to establish or contest paternity. Any child born during or within 300 days of a marriage is considered to be a child of the marriage and the husband, the legal father. Did her or her husband formally petition the court to contest paternity and was paternity est by the court, by a court ordered DNA? HAve you signed a AOP? This custody? is it a court order? The reason I ask is that in the normal course of things child support is ordered in conjunction with est of paternity. It is in the best interest of the child to have child support and a relationship with their father, have you thought about that? What about visitaiton? Also even though they have reconciled, there is no guarentee that will always be the case and your child will not receive any child support in case of their divorce and you could end up owing a huge arrearage by deault.

    If and or when your have court orders you may petition the court along with the consent of mom to amend the BC.

    Contact a family law attorney or the FLF offcie of the court

  3. #3
    Join Date
    Jul 2006
    Posts
    2

    Default Re: Changing Daughter's Last Name on Birth Certificate

    Paternity was not contested by her or her husband. DNA testing was done on our own accord. I have yet to sign an AOP. The joint custody agreement was not ordered by the courts. We have written in a step-up plan within the joint custody agreement to address physical custody. It will be 50-50 by the time our daughter is a 1 yo.

    We have not had a judge in an uncontested court sign off on the agreement yet. Can the agreement address the wish of both the mother and myself to have the BC amended to my last name?

    Thanks.

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