My question involves name change laws in the State of: FLORIDA
When I was born, the name of a man (we'll call him Steve) was put on my birth certificate. I was raised believeing this man was my father. He married my mother when I was 2 and EVERYONE believed this man was my biological dad. When they divorced, he became abusive to me. When I turned 16, he went to jail and is still there. When I was 21, she told me that "Steve" was not my real dad. A different man ("Chris") was. Chris and I took a paternity test and it came back that he was indeed my father. I met this man and we have become very close. I would like to take on his last name and put his name on my birth certificate. How do I go about doing that? Also, my mother knowingly knew the whole time that "Chris" was my dad and never told him about her pregnancy or my existence. What are the repercussions for this?
Thanks.
Found Real Dad at 21
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08-12-2012, 06:37 PMlaurenkateFound Real Dad at 21
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08-12-2012, 06:44 PMDogmatiqueRe: Found Real Dad at 21
No repercussions as far as Mom is concerned.
Chris will have to adopt you as an adult - and that will mean neither Steve NOR your Mom will be your parents any more. Did Chris ever bother to follow up with Mom after they had intercourse?
You can of course change your name but that will not erase your legal parents. -
08-12-2012, 06:52 PMlaurenkateRe: Found Real Dad at 21
They dated for about 3 months. One day he went to knock on her door and she was gone. neighbors said she moved and he just thought, "wow thats weird." She followed him this entire time and kept me a secret. He had no reason to think she was pregnant....much less with his kid. She pinned it on Steve and everybody jst went with it. Nobody ever questioned it.
Why could I nothave Chris and my mom as my parents. I want my birth certificate to be accurate.
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They dated for about 3 months. One day he went to knock on her door and she was gone. neighbors said she moved and he just thought, "wow thats weird." She followed him this entire time and kept me a secret. He had no reason to think she was pregnant....much less with his kid. She pinned it on Steve and everybody jst went with it. Nobody ever questioned it.
Why could I nothave Chris and my mom as my parents. I want my birth certificate to be accurate. -
08-12-2012, 06:57 PMjkRe: Found Real Dad at 21
You aren't understanding this.
as far as the state is concerned, the man on your birth certificate is your legal father. There is nobody with standing to challenge that now. It has been way too long. -
08-12-2012, 07:01 PMlaurenkateRe: Found Real Dad at 21
What am I not understanding? All I'm asking, is that I don't have to have the bastard who abused me for 8 years on my birth certificate. I want the man who help create me on there.
"neither Steve NOR your Mom will be your parents any more."
I take that ^ to mean my mom is no longer on there either. At 22, I don't NEED actual parenting so much as parents. big difference. -
08-12-2012, 07:05 PMDogmatiqueRe: Found Real Dad at 21
Because it is too late by state statute to challenge paternity; the ONLY way Chris can get on your birth certificate is if he adopts you as part of an adult adoption which would mean Mom & Steve are no longer your legal parents.
And Chris didn't have sex with your Mom?
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Quote:
Quoting laurenkate
What you want is not relevant. The LAW is relevant.
If you want to do away with Mom as well, go right ahead and see if Chris will do an adult adoption. That will make him your ONLY legal parent.
That's if it is even an option in the relevant state (it is not available in all states). -
08-12-2012, 07:08 PMlaurenkateRe: Found Real Dad at 21
obviously he did...but he lost contact w/ her shortly there after.
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08-12-2012, 07:14 PMjkRe: Found Real Dad at 21
so, how does Steve feel about this? Is he willing to do whatever it takes to be listed as your father on your birth certificate? Even adopt you?
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08-12-2012, 07:43 PMlaurenkateRe: Found Real Dad at 21
"You arent understanding this." Steve IS on my birth certificate. I want his name off of it as "Chris" is my biological father per the paternity test. Wow!. I’m glad I came to this site. Then I get "What you want is not relevant, The LAW is relevant". What a bunch of a$$holes. You guys are giving advice and you can't even read and comprehend the situation. Thanks for nothing.
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08-12-2012, 07:53 PMjkRe: Found Real Dad at 21
Ok, switch the names in my post. I would think you would have realized I had unintentionally swapped them.
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08-12-2012, 08:24 PMDogmatiqueRe: Found Real Dad at 21Quote:
Quoting laurenkate
Would you like me to type slower, honey?
Okay, I'll try.
Because it is too late by state statute to challenge paternity; the ONLY way Chris can get on your birth certificate is if he adopts you as part of an adult adoption which would mean Mom & Steve are no longer your legal parents.
And Chris didn't have sex with your Mom?
What you want is not relevant. The LAW is relevant.
If you want to do away with Mom as well, go right ahead and see if Chris will do an adult adoption. That will make him your ONLY legal parent.
That's if it is even an option in the relevant state (it is not available in all states).
What IS it with ungrateful little brats this weekend? Is it a full moon or something? :confused: -
08-12-2012, 08:28 PMjkRe: Found Real Dad at 21A waning crescent moon but the Perseids are here.Quote:
Quoting Dogmatique
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08-12-2012, 08:43 PMDogmatiqueRe: Found Real Dad at 21
Interestingly, there is a Blue Moon this month. But it's not yet the full moon (obviously).
Oddly enough Uranus is retrograde. Funny, that. ;)
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Darn it you're right! -
08-12-2012, 09:08 PMjkRe: Found Real Dad at 21well DUH!!!!Quote:
Quoting Dogmatique
plus I have this little weather widget on my computer that tells me things like the moon phase. As to the Perseids; was out last night at 3 am watching them with the wife. She saw 10-15. I saw 3 really good ones and a few little ones. -
08-12-2012, 09:19 PMDogmatiqueRe: Found Real Dad at 21
Awwwww that's so neat!
It's just about getting to be a bit dark here now. It'll be awhile, if we get to see anything at all.
But it's cool that you and your wife did :) -
08-13-2012, 10:49 AMLawResearcherMissyRe: Found Real Dad at 21Yes, we get that.Quote:
Steve IS on my birth certificate. I want his name off of it as "Chris" is my biological father per the paternity test.
It does not change the legal reality, which is that it is - BY LAW - too late to contest Steve's paternity. The ONLY way to have Chris put on your birth certificate is through adult adoption (if it's even available in your state), and you cannot be adopted by Chris unless you sever LEGAL ties with both Steve AND your Mom. You cannot sever legal ties with only one of your legal parents, it has to be both.
Understand that if you sever legal ties with your parents via adult adoption, you are not entitled to receive any of their estate when they die, unless they specifically will it to you by name. That means if they die without a will, you get nothing and you don't have standing to petition the court to inherit. If you sever legal ties with your parents so Chris can be on your birth certificate and your Mom falls seriously ill, you will NOT have standing to visit her in the hospital. If she dies, you will not be notified as next of kin, because you won't be kin any more. Undertaking an adult adoption will render you a legal stranger to your Mom.
Do you understand the seriousness of this idea?
By all means, have a relationship with Chris. Change your last name to his if you want. But understand that having him on your birth certificate has some serious consequences for you that may not seem like a big deal now, but will be devastating as your Mom ages and eventually passes.
Having a hissy fit and squawking at the volunteers because you don't like the legally correct information you were given doesn't change the legal correctness of those answers. Feel free to pay an attorney to be told the same things we just told you. It's your money.