My boyfriend has a son that is now 18 months old. His ex and him split when she was just barely pregnant, and due to the split and other confrontations, she vindictivly gave "there" son her last name. She claims to have done it because there are no other grandchildren that are boys and can carry on her last name. Well, she has a brother that could always have children, or more children and she claims to want a minivan full of children. What are my boyfriends right, as the father of this child, to changing his sons last name from her's to his? I was recently told that changing a childs last name has nothing to do with the state you live in, that it's a federal thing. And I was told that all the father has to do to change it, is go to the courthouse and have it done. My boyfriend signed the birth certificate, but obviously paid no attention to what he was signing. Is there anything he can do about this?
Fathers Right To Give His Son His Last Name, in Florida
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10-22-2007, 11:12 AMbecca80Fathers Right To Give His Son His Last Name, in Florida
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10-22-2007, 12:40 PMmoburkesRe: Fathers Right To Give His Son His Last Name, in FloridaHe can petition the court. It is likely that the child will have a hyphenated name, ie herlastname-hislastname.Quote:
Quoting becca80
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10-22-2007, 12:51 PMaaronRe: Fathers Right To Give His Son His Last Name, in Florida
It's not a federal thing. It's not something that is automatically done because a father asks for it.
Has paternity been legally established? If so, when and how? -
10-22-2007, 01:47 PMbecca80Re: Fathers Right To Give His Son His Last Name, in Florida
Yes, he signed the affidavit the day his son was born. He also signed the birth certificate. He has his son about 40% of the time and both visitation and child support has already been established!!
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10-22-2007, 01:53 PMaaronRe: Fathers Right To Give His Son His Last Name, in Florida
If paternity, custody and support have been established, with custody to the mother, she is statutorily authorized to select the child's surname:
His remedy would appear to be to bring a motion for a name change before the custody court, and attempt to convince the custody court that the name change would be in the best interest of the child.Quote:
Quoting Florida Statutes, Sec. 382.013 - Birth registration
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10-23-2007, 08:41 AMbecca80Re: Fathers Right To Give His Son His Last Name, in Florida
Do you think he has a good chance of this being granted, for the fact that he is VERY involved in his son's life, he pays his child support, and has done everything to be there in anyway that he can since the birth of the baby? I only ask for the fact that I would hate to see him spend tons of money for something that is rarely granted!!!
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10-23-2007, 08:47 AMaaronRe: Fathers Right To Give His Son His Last Name, in Florida
What facts does he have which might convince a court that a name change is in the child's best interest?
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10-23-2007, 09:32 AMBaystategirlRe: Fathers Right To Give His Son His Last Name, in FloridaHow will changing the child's name improve the child's life?Quote:
Quoting becca80
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10-23-2007, 05:38 PMXenaRe: Fathers Right To Give His Son His Last Name, in FloridaHe doesn't have to hire an attorney, he can file pro-se. He can find the forms at www.flcourts.org Most Judges in Florida will order a name change as long as the child is under 3 years of age. Before he files though, he should get a consult with an attorney. He can get a low cost consult by calling the Fl Bar Lawyer Referral Service at 1-800-342-8011.Quote:
Quoting becca80
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10-25-2007, 08:03 AMbecca80Re: Fathers Right To Give His Son His Last Name, in FloridaThe fact that he is the childs father. I don't know any man that has a son and doesn't want his son to carry on his last name. Do you have any kids? If so, are any of them boys? If not and you had a son, wouldn't you want him to cary on your last name!! Forgive me if I am wrong, but isn't it the tradition that boys cary on their fathers last name? Also, what if his mother get's married, has other children, and they cary on their fathers name, don't you think that he is going to wonder why he doesn't have either of his parents last name? My boyfriend just wants to see his son grow up and pass on his name.Quote:
Quoting aaron
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10-25-2007, 08:06 AMaaronRe: Fathers Right To Give His Son His Last Name, in FloridaArguing that the father will benefit from the name change does not support the case that the name change is in the best interests of the child.Quote:
Quoting becca80
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10-25-2007, 08:12 AMmoburkesRe: Fathers Right To Give His Son His Last Name, in Florida
What are you talking about - tradition. Tradition says that people get married before they have children and that all of the children, whether boys or girls, have the last name of the father.
In any case, I provided accurate information in my earlier post.
Good point aaron. -
10-25-2007, 08:14 AMbecca80Re: Fathers Right To Give His Son His Last Name, in FloridaPersonaly, I think it will. Mainly for the fact that one day his mother may become married and have other children whom may carry on their fathers last name. Then he will wonder why he didn't carry his fathers and they do. Plus, it is tradition for son's to carry on their fathers name. I feel it was done out of spite and how do you explain that to your child one day? Also, my b/f does everything by the book when it comes to his resonsibilities to his son. He atleast deserves this right as his father!! Am I wrong?Quote:
Quoting Baystategirl
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10-25-2007, 08:21 AMmoburkesRe: Fathers Right To Give His Son His Last Name, in FloridaOne of the rights of the father is not to have your child named after you. It just isn't written into the law books that way.Quote:
Quoting becca80
Also, the mom may have another child of of wedlock.
I've already explained tradition. -
10-25-2007, 08:31 AMbecca80Re: Fathers Right To Give His Son His Last Name, in Florida
To those of you who disagree with me!! Yes, my b/f had his son out of wedlock, and yes it is tradition for parents to be married and name the kids after their father, but sometimes marriages/relationships don't work out and children are one of the outcomes of the failed marriage/relationship. But when a father has stepped up to the plate and has gone over and above his responsibilities, he atleast deserves this benefit.
Why is it fair that a mother, just because she birthed the child, should reap all the benefits?? How many children out there are named after the most deadbeat of men? I feel that a father who puts every ouce of his time and effort into being the best father he can, should atleast have this benefit. But the mother not only get's to be the residential parent, 75% of the custody and time with the child, several hundred dollars a month in child support and every other thing the state will give her (ie. food stamps, free medical, EBT, and much more), because she would rather not work and just collect off the father and welfare, and then the father gets nothing but every other weekend visits, a few holidays, pays out the ying yang for his ex to sit on hers, no free food, diapers, etc., and he doesn't even get the benefit of his son carrying on his name!! The world is a sad and greedy place. -
10-25-2007, 08:37 AMaaronRe: Fathers Right To Give His Son His Last Name, in Florida
I've already quoted the governing statute, "If the mother is not married at the time of birth, the parent who will have custody of the child shall select the child's given name and surname." Note that's not a gender-specific law, but relates to custody. If you do not like that law, lobby the state legislature to change it.
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10-25-2007, 08:46 AMbecca80Re: Fathers Right To Give His Son His Last Name, in Florida
I only came on here to ask opinions and maybe find someone who has been in this situation before. Just because that is what is stated as a law, doesn't mean that a judge won't feel different.
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10-25-2007, 11:06 AMjojo4Re: Fathers Right To Give His Son His Last Name, in Florida
Well, realistically, you state that your bf wants his son to carry on his name. Your argument is that one of the mother's relatives can have a child to carry on her family name. That argument works both ways. Your bf can have other children to carry on his name.
You further go on to state in the rant all of the injustices directed toward the father...except by your own admission, your bf spends 40% of the time with his son (as opposed to 25%).
If your bf feels this strongly about it, then by all means, let him file in court for a name change. However, you have still not stated one reason why it is in the CHILD'S best interest to change his name. Dad is an adult. He can deal.
As for tradition...I just added my husband's name to my maiden name. My SON has both mine and my husband's name. I figure that I carried him for 9 months and gave birth to him. He is just as much my son and he is my husband's. Further, I have on sister and she will have no more chlildren (neither will I). Our son is the only boy. Why do you think that the mother shouldn't have as much right to have her son have HER family name?
The statute is listed. He can get an atty and go from there. -
10-25-2007, 11:14 AMaaronRe: Fathers Right To Give His Son His Last Name, in FloridaIf you don't care what the law is, and simply press the issue until you get opinions that have nothing to do with the law, all the more power to you. But opinions that fly in the face of the law are, for the most part, worthless.Quote:
Quoting becca80