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Just Found Out I Have a Son, Can I Change His Surname

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  • 10-09-2010, 01:02 PM
    iphonemedic
    Just Found Out I Have a Son, Can I Change His Surname
    My question involves name change laws in the State of: FLORIDA
    After 8 months of asking and having to go to court to get a court order, I finally got a dna test done on my son who the mother told me there was a 50/50 chance of him being mine. Since finding out I have began paying support and getting visitation, my question is, what are my rights as to being able to change his last name? Had she given me the test once he was born, like i requested, i would have pushed the issue then. Just curious if I have any legal rights here. Thanks in advance.

    :wallbang:in Florida
  • 10-09-2010, 01:26 PM
    CourtClerk
    Re: Just Found Out I Have a Son, Can I Change His Surname
    Have you been to court to formally establish paternity?

    If not, STOP giving her money...

    at that time, you can petition the court to change the child's last name, however, be prepared to settle on maybe having the child's last name hyphenated if mom puts up too much of a fight.
  • 10-09-2010, 01:40 PM
    Mr. Knowitall
    Re: Just Found Out I Have a Son, Can I Change His Surname
    Pursuant to Florida Statutes, Sec. 382.013(3)(c), "If the mother is not married at the time of birth, the parent who will have custody of the child shall select the child's given name and surname". If you want to change the child's surname you will have to petition the custody court to do so and, if mom objects, would have the burden of proving that the name change is required for the child's welfare.
  • 10-09-2010, 01:43 PM
    cbg
    Re: Just Found Out I Have a Son, Can I Change His Surname
    How old is the child?
  • 10-10-2010, 08:29 PM
    iphonemedic
    Re: Just Found Out I Have a Son, Can I Change His Surname
    yes it was a court ordered paternity it just took her 8 months to give it to me with all the attorney BS. The child is almost 9 months old. I'm not opposed to having it hyphenated I just feel that my son should have my surname even if it means being hyphenated with hers.

    and when it says custody, we will have 50/50 custody so then what?
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