Birth Certificate

My question involves a child custody case from the State of: Louisiana.
Can we change the last name of a child on the birth certificate with just a "peace of mind" paternity test, if there is no dispute from either the mother, the named father, or the prospective father? Will we have to go through the judicial system to change over child support?

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Quoting JStock

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My question involves a child custody case from the State of: Louisiana.
Can we change the last name of a child on the birth certificate with just a "peace of mind" paternity test, if there is no dispute from either the mother, the named father, or the prospective father? Will we have to go through the judicial system to change over child support?

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Nope.

You can of course, if ALL parties agree, submit a petition to change the child's name. That's fine and dandy. But this will NOT change paternity....

...which I suspect is what you are trying to do. In order to disestablish/establish paternity, it needs to go through the court system.

Ditto child support.

Does that mean redoing the Paternity test with a test that is more than just a "peace of mind test"?

How old is the child?

It makes a difference.

The child is 9yrs Old

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Quoting JStock

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The child is 9yrs Old

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OK.

So, were Mom & Legal Dad married? How was paternity established?

Yes Mom and Legal Dad were married at the time. We have since done a paternity test (Peace of Mind) and I am the paternal father.

Then I'm sorry - but paternity cannot be disestablished at this point in time. The window in which that would have been possible has long since opened and closed.

But we can change the birth certificate and then Mom and Legal Dad will have to go through the courts to release him from child support, and then the rest would be up to she and I to determine visitation and such? But I could never be granted split custody or anything like that correct?

Changing the child's name does not change the paternity of the child; in order for the birth certificate to reflect a different father, paternity needs to be disestablished and established again.

That's not going to happen in your case.

If Mom & Dad wish to have Dad not pay any child support, that's up to them and perfectly legal; if you want to voluntarily pay support that's up to you and perfectly legal.

Mom can also allow whomever the heck she wants to visit with the child.

Non-legal advice:

Make sure this is in the CHILD's best interest here. It's not going to disrupt kiddo's life completely, right?