My question involves name change laws in the State of: WASHINGTON: I AM MARRIED AND RECENTLY HAD A CHILD (9MONTHS AGO) BY SOME ONE OTHER THAN MY HUSBAND.. THE SAID CHILD HAS MY HUSBANDS LAST NAME, BECAUSE HE IS ON THE BIRTH CERTIFICATE AS THE FATHER.. MY HUSBAND IS 100 % OK WITH RAISING SAID CHILD AS HIS OWN..THE CHILDS BIOLOGICAL FATHER WANTS TO CHANGE THE SAID CHILDS LAST NAME TO HIS..I DO NOT WANT TO CHANGE THE CHILDS NAME AT THIS EXACT MOMENT..CAN I CONTEST THE CHANGING OF THE NAME?
Changing of Infant's Last Name
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06-11-2012, 08:26 PMdana811Changing of Infant's Last Name
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06-11-2012, 08:32 PMDogmatiqueRe: Changing of Infant's Last Name
Your husband is the legal father of your child, correct?
Is the biological father trying to disestablish his paternity and establish his own?
(Please turn off your caps lock :) ) -
06-11-2012, 08:56 PMjkRe: Changing of Infant's Last Name
Until the biological father sues to establish his paternity, he is not the father as far as the law is concerned and has no rights to petition for a name change or seek visitation or custody.
So, either the guy is going to get nowhere or he is going to sue to establish his paternity and claim his rights. Of course, if you retain physical custody, you can seek child support from him. -
06-11-2012, 09:19 PMDogmatiqueRe: Changing of Infant's Last Name
Absolutely, jk.
And in WA, an intact marriage does not prevent someone from filing a petition. The biological father has quite some time to challenge. -
06-11-2012, 10:56 PMdana811Re: Changing of Infant's Last Name
Thank you for the insight..when you asked if the biological father is trying to disestablish paternity, and establish his own..are you meaning that hes trying to establish that he is the childs father and therefor disestablish my husband at the paternal father...and yes my husband is legally the father childs.the biological father does see said child occasionaly, contributes certain items said child needs..but basically what you both are sayin is that the biological father will have to sue me,? to establish himself as the paternal father. and since the biological father legally has no parental rights he cannot petition for a name change..therefor he will have to establish paternity before he can do that.
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06-11-2012, 11:07 PMDogmatiqueRe: Changing of Infant's Last Name
That's it in a nutshell.
But be warned - it's not a difficult process at all. The child is very young, and there are certain motions that he can file all at the same time. WA is one of the more "friendly" states when it comes to petitioners who don't have attorneys. Most counties have family law facilitators who will help the pro se litigant file everything they need to file.
If he wants to be Dad, you and your husband need to be prepared for that. -
06-12-2012, 05:47 AMjkRe: Changing of Infant's Last Name
but just the same; if he doesn't want to establish himself as the father, by all means, do not screw up the kid and allow that guy to act as a daddy when he feels like it. You have a family in your husband, you, and the child, at least at the moment. If the bio father wants to establish himself as the father, then fine, he is the father. If he doesn't, your husband is the father and you should treat it as such.
Personally, unless the guy wants to establish paternity, I would tell him to go on with his life and leave your family alone. Not only is it not fair to the child but I figure your husband isn't all that comfortable with your former "friend" hanging around. I know I wouldn't be. -
06-12-2012, 07:37 AMdana811Re: Changing of Infant's Last Name
what happens say the bio fathers paternity is established , but hes ok with me and my husband raising the child as long as he gets visitations.. this said bio father is my best friend of 17 years, so things are sticky..i just dont see it necessary for bio father to be said childs father on paper if im going to be the raising it,, and im afriad that is that happensmy husband will have to adopt said child..for paperwork processes
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06-12-2012, 07:58 AMjkRe: Changing of Infant's Last Name
If bio dad sues to establish paternity and it is proven, he will be able to also seek visitation OR he could even seek custody. How it ends up would be up to the court.
as it stands, husband can't adopt since he is the legal father. If bio dad does establish paternity, husband still can't adopt unless now legal father allows it or the court removed his paternal rights which isn't going to happen unless he is a really bad guy.Quote:
and im afriad that is that happensmy husband will have to adopt said child.
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06-12-2012, 11:44 AMdana811Re: Changing of Infant's Last Name
thank you for the advice..i guess all i can do is wait and see..so i mysef can petition a name change..honestly if thats all the bio father wants then fine, im just worried abut paperwork problem if the child does not have mine and my husbands last name..thanx again though
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06-12-2012, 03:21 PMjkRe: Changing of Infant's Last NameYou AND your husband can apply to have the name changed. I have to say, I don't see a judge allowing it given the fact there is a father (your husband) and the child's name matches yours and your husband's. It surely wouldn't be in the best interest of the child to change their last name to that of a legal stranger with no obvious ties to the child.Quote:
Quoting dana811
