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Legal Name Change After Paternity Has Been Established if Bio Dad is Not My Spouse

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  • 04-26-2011, 02:48 PM
    artrahan
    Legal Name Change After Paternity Has Been Established if Bio Dad is Not My Spouse
    My question involves name change laws in the State of: Louisiana.
    Okay here is my issue: I was married and in the marriage me and my soon to be ex-husband had two children together. We separated and lived apart and I got pregnant and had a third child for my boyfriend. Being I am still legally married my child received my ex's last name. My child just turned two in Jan of this year. We just established a legal paternity and have the paper work stating that my ex is not the father. My ex wants to keep this child with his last name even though a few months ago at my lawyer’s office he went in and signed an AOP stating that he knew he was not the father of my last child. With that paper signed and legal paternity results, my question is as followed:
    Can we legally change my child’s last name to his bio dads and also on the birth certificate?
  • 04-26-2011, 02:55 PM
    Dogmatique
    Re: Legal Name Change After Paternity Has Been Established,but Bio Dad is Not My Spou
    Short answer is yes.

    Your husband is not the child's legal father and has no say over what you and your boyfriend want to name the child.
  • 04-26-2011, 03:39 PM
    artrahan
    Re: Legal Name Change After Paternity Has Been Established,but Bio Dad is Not My Spou
    In our divorce papers they keep listing my third son as my ex’s because my son has my ex's last name and was conceived and born in our marriage so technically he is the LEGAL father just not the biological father. But because we did DNA before our divorce is finalized do you think it will be easier to get my ex off the birth certificate and remove his last name off my child?
  • 04-26-2011, 03:45 PM
    Dogmatique
    Re: Legal Name Change After Paternity Has Been Established,but Bio Dad is Not My Spou
    Wait, you said your husband was NOT the legal father ("We established a legal paternity").

    If he still is - then you'll have to go to court to disestablish HIS paternity before your boyfriend can be added to the birth certificate and the name can be changed...and that might be problematic.

    So your divorce is NOT finalized, correct? But you're going through the process and you've submitted evidence that your husband isn't the father?
  • 04-27-2011, 07:53 PM
    artrahan
    Re: Legal Name Change After Paternity Has Been Established,but Bio Dad is Not My Spou
    he is the legal father bc he is still legally my husband and this child was born and conceived in this marriage....'we' refering to my boyfriend and I, went and did a legal paternity that can be used in court. and we figured we would have to go to court, but why do you say it might be problematic? and no the divorce is not final we got on the 3rd of next month to finalize visitaion and property and the entire divorce. i am bringing the legal paternity test to court with me.
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