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  1. #1
    Join Date
    Jan 2012
    Posts
    2

    Default Fathers Rights in a Child's Name Change

    My question involves name change laws in the State of: Wv. Child is born in VA mother lives in wv and father lives in md. So not sure whether we want wv or VA. Baby is born to unwed parents.
    Mother decided without telling father she would give baby her
    Last name...baby is still in hospital nicu. Father upset because
    Mother is insisting on name even though promised his.mother
    Is giving every excuse possible to why it can't be changed.
    None legitimate. Does he have any say in this matter?
    Parents of mother are trying their hardest to push father out
    Of picture for no apparent reason when all he wants
    To do is love his baby.

  2. #2

    Default Re: Fathers Right to Any Decision Making

    Quote Quoting 6168blr
    View Post
    Baby is born to unwed parents.
    Here's your problem. Not married to mom means that you don't exist, legally. If you want that to change, you're going to need to (a) be established as the father, and (b) go to court to establish rights (and responsibilities).


    Mother decided without telling father she would give baby her last name
    Baby names are the type of thing that married people sit down and discuss together. If parenting within a unified family isn't important enough to marry mom and raise children with her, then by legal default mom gets to make those decisions until a court orders otherwise.
    Since you don't legally exist, mom can name the child anything she wants. If you want the child to have your last name, or a hyphenated last name, you'll need to legally establish yourself as father of the child, and then petition the court to change the child's name.


    Father upset because Mother is insisting on name even though promised his.mother Is giving every excuse possible to why it can't be changed.
    It can be changed. But dad is going to have to (a) be established as father, and (b) petition in court. See the pattern of answers here?


    Does he have any say in this matter?
    Not until he.....(a)....and.....(b).


    all he wants to do is love his baby
    Since dad didn't marry the mother of his child, he needs to first (a) establish that he HAS a baby....and then....(b)....seek enforceable rights TO that baby, via the courts. Since dad wants to love his child, and since he can expect the court to order child support, he can check out the West Virginia child support calculator to anticipate the amount he should be paying at:

    http://www.divorcehq.com/calculators...lculator.shtml
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  3. #3
    Join Date
    Jan 2012
    Posts
    2

    Default Re: Fathers Right to Any Decision Making

    So if mother put fathers name on birth certificate
    N he signs is that as good as paternity or
    Does there still have to be a test? As far as them being married
    She won't cause mom n pop won't foot
    The bill for her anymore n she's having
    A hard time giving that up. It's not from
    A lack of trying on the fathers part. Just
    A lack of protection.

  4. #4

    Default Re: Fathers Right to Any Decision Making

    If dad voluntarily acknowledged paternity, that's good, because that'll shorten the process. If dad is on the birth certificate, there's no need for DNA testing. Dad will be considered the legal father until and unless that standing is challenged - either by mom requesting a DNA test when dad seeks visitation (expect mom to pay for the testing), or by some other potential father (expect that petitioner to pay for testing). Since paternity is already established, dad now needs to contact the Clerk of Court for his local county court (start by visiting their website, most are VERY helpful and often you can find all the forms you need right there), and file his petition for visitation and the name change.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

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