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Approving Biological Child's Name Change to Step-Father's

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  • 10-06-2015, 02:01 PM
    noncustparent2015
    Approving Biological Child's Name Change to Step-Father's
    My question involves name change laws in the State of Washington, but the child was born in Missouri.

    Long story: I am the biological father of a child who lives in Washington state, but was born in Missouri. I still live in Missouri. The child's mother was married to another man when the baby was born and that man's name was placed on the birth certificate. Two years after the child was born, we found out that I am the biological father of this child. The mother and her husband then divorced. Per the court records, their divorce was a dissolution without children, meaning the husband proved he was not the biological father. Once I learned that I was the biological father, I began paying child support to the custodial parent (the child's mother), but the birth certificate was never updated to reflect my name. Fast forward approximately 8 years and the child is now living in Washington state. Beyond paying support on a monthly basis, I have no contact with the child. The mother has since remarried and her new husband is interested in eventually adopting the child. I recently received a notification from the mother that they are changing the child's last name to the step-father's name and I must sign a document approving the change. The thing is, the birth certificate does NOT have my name on it. There's nothing that states I am the biological father of this child, as the paternity test was a private (not court ordered) test and our child support agreement is a non-binding contract completed outside the courts as well. Should I need to sign anything at all since my name is not legally associated with this child?
  • 10-06-2015, 02:06 PM
    llworking
    Re: Approving Biological Child's Name Change to Step-Father
    Quote:

    Quoting noncustparent2015
    View Post
    My question involves name change laws in the State of Washington, but the child was born in Missouri.

    Long story: I am the biological father of a child who lives in Washington state, but was born in Missouri. I still live in Missouri. The child's mother was married to another man when the baby was born and that man's name was placed on the birth certificate. Two years after the child was born, we found out that I am the biological father of this child. The mother and her husband then divorced. Per the court records, their divorce was a dissolution without children, meaning the husband proved he was not the biological father. Once I learned that I was the biological father, I began paying child support to the custodial parent (the child's mother), but the birth certificate was never updated to reflect my name. Fast forward approximately 8 years and the child is now living in Washington state. Beyond paying support on a monthly basis, I have no contact with the child. The mother has since remarried and her new husband is interested in eventually adopting the child. I recently received a notification from the mother that they are changing the child's last name to the step-father's name and I must sign a document approving the change. The thing is, the birth certificate does NOT have my name on it. There's nothing that states I am the biological father of this child, as the paternity test was a private (not court ordered) test and our child support agreement is a non-binding contract completed outside the courts as well. Should I need to sign anything at all since my name is not legally associated with this child?

    I do not think that you "need" to do so, particularly since they cannot force you to sign it. Its completely up to you.
  • 10-06-2015, 02:13 PM
    noncustparent2015
    Re: Approving Biological Child's Name Change to Step-Father
    To clarify: I understand my rights in this matter. As this child's biological father, I know that I do have the power to approve or deny this request. At this juncture though, I'm wondering why this step is necessary when my name isn't even on the child's birth certificate, nor part of any legal documentation. Again, I was never ordered to perform a paternity test for court ordered support purposes. I simply started paying child support in an amount the mother and I agreed upon. This was after we performed a paternity test through a private vendor.
  • 10-06-2015, 02:43 PM
    Dogmatique
    Re: Approving Biological Child's Name Change to Step-Father
    Quote:

    Quoting noncustparent2015
    View Post
    To clarify: I understand my rights in this matter. As this child's biological father, I know that I do have the power to approve or deny this request. At this juncture though, I'm wondering why this step is necessary when my name isn't even on the child's birth certificate, nor part of any legal documentation. Again, I was never ordered to perform a paternity test for court ordered support purposes. I simply started paying child support in an amount the mother and I agreed upon. This was after we performed a paternity test through a private vendor.

    You do not have the power to approve or deny that request - at all. Ever. Even if.

    Let me clarify:

    If you are not established as the child's legal father, you have no rights to begin with.

    If you are established as the child's legal father, a judge will decide if you and Mom cannot or will not agree. Given that you do not have a relationship with the child, and the child never had your name to begin with, you may find you have an uphill battle on your hands.

    There's something else I need to clarify too; just because the divorce was filed and finalized stating there was no child of the marriage this DOES NOT mean that her husband has been legally disestablished as the legal father.

    - - - Updated - - -

    ETA: Your post hx is very telling, and what happened? Weren't you trying to rid yourself of the child a mere few months ago? Should I continue?
  • 10-06-2015, 02:47 PM
    Mr. Knowitall
    Re: Approving Biological Child's Name Change to Step-Father
    The mother is simply dotting her i's and crossing her t's, by complying with Washington State's notice requirements for the name change of a minor. If it will break your back to sign and return the form, odds are the court is going to grant the name change anyway.
  • 10-06-2015, 02:55 PM
    Dogmatique
    Re: Approving Biological Child's Name Change to Step-Father
    Quote:

    Quoting Mr. Knowitall
    View Post
    The mother is simply dotting her i's and crossing her t's, by complying with Washington State's notice requirements for the name change of a minor. If it will break your back to sign and return the form, odds are the court is going to grant the name change anyway.

    And by practice if not statute, his objection likely wouldn't do anything anyway.
  • 10-07-2015, 06:35 AM
    noncustparent2015
    Re: Approving Biological Child's Name Change to Step-Father
    Thanks for the information everyone. I'm not trying to rid myself of the child, as the child's mother and I both want a situation that's best for the child moving forward. I will continue to financially support my child until the circumstances change. I have no reservations signing the form, I'm just wondering if my signature is necessary considering the situation. Thanks for your perspectives.
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