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  1. #1

    Default Change After Paternity Established

    My question involves name change laws in the State of: California

    My question is this: when my son was born, his father was not present (my choice) and we are not married. He served me with a paternity suit and I had him do a DNA test. He then dropped the suit, but is still asking me to change our son's last name to his, which i do not want to do (he is married, no judgement please, I had already left him when I found out I Was pregnant); will the courts force me to change my son's name to his name if he takes me back to court? He is not on the birth certificate, but obviously they will now add him since he has taken the DNA test - there is nothing i can do about that, I realize that. It's the name that concerns me. He has not been supportive at all until he decided he wanted to claim this new son of his, and I don't feel it's right if I'd be forced to change his name just because biologically he is the father.

  2. #2
    Join Date
    Jan 2006
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    38,734

    Default Re: Change After Paternity Established

    Unless paternity is established legally, the court will not entertain his attempts to do anything concerning the child. If he does establish paternity, he can seek to have the name changed. Generally, if s court does order a name change, it is using a hyphenated name using both mother and fathers surnames. A court can also simply refuse to allow the name change if the court determines it is in the best interest of the child to remain with the mothers name only.

    You say he dropped the paternity suit so I don’t know where things stand legally for that. If paternity has been established he can seek to have the name amended. If not, nothing happens until patermity is established.

    One thing you need to realize: the child is not just your child. It is the both of yours and each have all rights afforded the parent of a child. He is likely to be given, at least, visitation time. He will also be obligated to pay child support along with that as well if the calculations show it to be due.

  3. #3
    Join Date
    Oct 2006
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    15,670

    Default Re: Change After Paternity Established

    Quote Quoting jk
    View Post
    Unless paternity is established legally, the court will not entertain his attempts to do anything concerning the child. If he does establish paternity, he can seek to have the name changed. Generally, if s court does order a name change, it is using a hyphenated name using both mother and fathers surnames. A court can also simply refuse to allow the name change if the court determines it is in the best interest of the child to remain with the mothers name only.

    You say he dropped the paternity suit so I don’t know where things stand legally for that. If paternity has been established he can seek to have the name amended. If not, nothing happens until patermity is established.

    One thing you need to realize: the child is not just your child. It is the both of yours and each have all rights afforded the parent of a child. He is likely to be given, at least, visitation time. He will also be obligated to pay child support along with that as well if the calculations show it to be due.
    It doesn't sound like he completed establishing paternity, so that last sentence isn't true quite yet.

  4. #4
    Join Date
    Jul 2018
    Posts
    1,733

    Default Re: Change After Paternity Established

    Even if he establishes his paternity and obtains orders regarding custody, visitation and support, the court will not automatically order a name change.

    The birth certificate isn't going to be amended in the absence of an order establishing paternity. That he happened to take a DNA test is, by itself, meaningless.

    How old is the child now?

  5. #5
    Join Date
    Jan 2006
    Posts
    38,734

    Default Re: Change After Paternity Established

    The courts can and have ordered name changes. It is not unusual for them to do so.

    Quote Quoting llworking
    View Post
    It doesn't sound like he completed establishing paternity, so that last sentence isn't true quite yet.
    I don’t know where the process is. In one statement op says they realize the guy will be added to the birth certificate as a dna test was performed. In another op states probable father dropped the suit. I don’t know what “the suit” entails. It could be it was active long enough to have established paternity but dropped anything further such as the possibility of custody and visitation issues. Op will have to clarify.

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