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  1. #1
    Join Date
    Oct 2010
    Posts
    2

    Default Just Found Out I Have a Son, Can I Change His Surname

    My question involves name change laws in the State of: FLORIDA
    After 8 months of asking and having to go to court to get a court order, I finally got a dna test done on my son who the mother told me there was a 50/50 chance of him being mine. Since finding out I have began paying support and getting visitation, my question is, what are my rights as to being able to change his last name? Had she given me the test once he was born, like i requested, i would have pushed the issue then. Just curious if I have any legal rights here. Thanks in advance.

    in Florida

  2. #2
    Join Date
    Nov 2007
    Location
    Officially across the country from where I've been all my life
    Posts
    4,494

    Default Re: Just Found Out I Have a Son, Can I Change His Surname

    Have you been to court to formally establish paternity?

    If not, STOP giving her money...

    at that time, you can petition the court to change the child's last name, however, be prepared to settle on maybe having the child's last name hyphenated if mom puts up too much of a fight.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Just Found Out I Have a Son, Can I Change His Surname

    Pursuant to Florida Statutes, Sec. 382.013(3)(c), "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". If you want to change the child's surname you will have to petition the custody court to do so and, if mom objects, would have the burden of proving that the name change is required for the child's welfare.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Just Found Out I Have a Son, Can I Change His Surname

    How old is the child?

  5. #5
    Join Date
    Oct 2010
    Posts
    2

    Default Re: Just Found Out I Have a Son, Can I Change His Surname

    yes it was a court ordered paternity it just took her 8 months to give it to me with all the attorney BS. The child is almost 9 months old. I'm not opposed to having it hyphenated I just feel that my son should have my surname even if it means being hyphenated with hers.

    and when it says custody, we will have 50/50 custody so then what?

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