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  1. #1
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    Jan 2007
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    Default Child's last name in Tennessee

    I live in Tennessee and I am currently pregnant with a due date in a couple of weeks. The father of the child and i are not married and I was planning on giving the child my last name. This did not make him very happy. He says that if the child is not going to have his last name he is not signing the birth certificate and he will want a dna paternity test. He also stated that if we go through the courts to get a paternity test and he is the father that the courts will automatically change the last name to his.

    i would like to know if this is true or not. does the courts have the right to change the child's last name to his after the paternity has been determined?....please help

  2. #2
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    Jul 2006
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    Default Re: Child's last name in Tennessee

    Quote Quoting confusedwmr
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    I live in Tennessee and I am currently pregnant with a due date in a couple of weeks. The father of the child and i are not married and I was planning on giving the child my last name. This did not make him very happy. He says that if the child is not going to have his last name he is not signing the birth certificate and he will want a dna paternity test. He also stated that if we go through the courts to get a paternity test and he is the father that the courts will automatically change the last name to his.

    i would like to know if this is true or not. does the courts have the right to change the child's last name to his after the paternity has been determined?....please help
    Yes, the court does have the right to order that the child's name be changed if the judge feels it is in the child's best interest. It will not be done automatically as you have stated, he will have to petition the court and the judge will make the decision.

  3. #3
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    Jan 2007
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    Default Re: Child's last name in Tennessee

    Quote Quoting Neal1421
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    Yes, the court does have the right to order that the child's name be changed if the judge feels it is in the child's best interest. It will not be done automatically as you have stated, he will have to petition the court and the judge will make the decision.
    Do you know what is normally done in these cases? Will the judge more than likely change the last name and for what reasons? Will the judge allow the parents to tell their story or will the proceedings pretty much be where the judge talks and we say nothing?

    Is there any way possible that i can ensure that the baby's last name will be mine after the paternity is established?

    If the child's last name is changed by the courts is there any way I can fight or appeal the judgment?

    I'm sorry for bombarding you with all the questions but please answer the ones that you can....thanks.

  4. #4
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    Default Re: Child's last name in Tennessee

    Quote Quoting confusedwmr
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    Do you know what is normally done in these cases? Will the judge more than likely change the last name and for what reasons? Will the judge allow the parents to tell their story or will the proceedings pretty much be where the judge talks and we say nothing?
    It's decided on a case-by-case basis, based on the facts. "I want the name changed" isn't of itself a good argument. What facts could the father present which will convince the court that a name change is in the child's best interest?
    Quote Quoting confusedwmr
    Is there any way possible that i can ensure that the baby's last name will be mine after the paternity is established?
    There's no way to be certain, but I think it will be unlikely that the court will order a name change.
    Quote Quoting confusedwmr
    If the child's last name is changed by the courts is there any way I can fight or appeal the judgment?
    Sure. But an appeal will cost you a lot of money while being very unlikely to succeed. If it comes down to it, spend some money on a lawyer to get the right outcome at the trial level.

  5. #5
    Join Date
    Jan 2007
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    Default Re: Child's last name in Tennessee

    someone in a similar situation told me that when the paternity was determined that the judge just asked would they like to change the last name and they both agreed. what will happen if there is a disagreement?

    if i hyphenate the last name do i have to use the entire last name on legal papers and documents?

    i was also told that if i wish to persue a child support order that the child's last name will have to be his. is this true?

  6. #6
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    Default Re: Child's last name in Tennessee

    As you were told, if there is a disagreement as to the name, the court can be asked to decide consistent with the child's best interest. If you create a specific, hyphenated legal name for the child, that will be the child's legal name. Child support is a separate issue.

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