Changing Son's Name on the Birth Certificate
My question involves name change laws in the State of: Virginia
I had a brief relationship with a female who was involved with another guy at the time. She ended up getting pregnant and decided to give the baby his last name and listed him as the father on Birth certificate. I have taken paternity test to verify i am the father. She doesnt want want to change his(the childs) last name to mine because they are now married with the same last name. I also want to have myself listed as the father on the Birth certificate. I have joint physical and legal custody of my son. What do i need to do in order to have this done? Is it required to go to court even though i have paternity test results showing myself as the father? If so, will the paternity test results be enough to have the judge make this decision?(even if she doesnt want to?)
Any help would be appreciated, thank you!
Re: Changing Son's Name on the Birth Certificate
So the husband is the child's legal father, named on the birth certificate? The mother married the child's legal father before or after the child was born? If after, he's named to the birth certificate by virtue of filing an acknowledgment of paternity? How long ago was the child born?
Re: Changing Son's Name on the Birth Certificate
Well he is the one that signed the birth certificate when my son was born. Shortly after his birth I requested a paternity test to know for sure and it turns out i am the father. My sons mom and I than went to mediation and she agreed to letting me have joint legal and physical custody. She married the guy a few years after my son was born. He is 8 years old now.
Re: Changing Son's Name on the Birth Certificate
You "went to mediation" - resulting in a court order for support and visitation? Meaning that you were adjudicated to be the child's father? Meaning that you're now on the birth certificate?
Remember - we only know what you tell us. Don't make us guess - it won't do anybody any good.
Re: Changing Son's Name on the Birth Certificate
no court orders, it was recommended we go to mediation instead of going to court. It was there that we decided vistitation rights and custody which she was willing to agree to, we havent even been in a court room yet. As far as support goes there is nothing set. I have a great relationship with my son, i get him every weekend. Although nothing has has been done as far as the birth certificate goes. So to be honest i dont know if i would be considered his legal father at this point. But this is why i want to be on his birth certificate. I hope i am being clear with the details, i sure appreciate you taking the time to reply.
Re: Changing Son's Name on the Birth Certificate
The authorities I've seen suggest that it's possible to litigate the issue of paternity despite the execution of an acknowledgment of paternity. But if the husband wants to maintain his role as the child's legal father, given the apparent execution of an acknowledgment of paternity establishing himself as the child's father some eight years ago, his marriage to the mother, and his presumed role as father in the child's life, I'm not expecting that a court will be particularly sympathetic to your effort to disestablish his paternity in favor of your own. The fact that you've had visitation and paid support could work in your favor, as would the legal father's choosing not to take a parental role or, particularly, consenting to your petition. If you're interested in pursuing this against the wishes of the other involved parties, I suggest hiring a lawyer and being prepared to spend real money.