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  1. #1
    Join Date
    Aug 2007
    Posts
    2

    Default Changing Daughter's Last Name in Wisconsin

    My ex-girlfriend recently gave birth to a beautiful girl whom I may be the father to. My ex was previously married and has two additional children. She and those two children have the last name of her ex-husband. Her ex-husband has been in trouble in the past with the law. On the birth certificate she gave the new baby that same last name. We have a paternity test scheduled for tomorrow. Everyone involved resides in WI. If I am named the father, what are my rights to having the last name legally changed to be my own?

    Any help would be greatly appreciated...

  2. #2
    Join Date
    Feb 2007
    Posts
    2,031

    Default Re: Changing Daughter's Last Name in Wisconsin

    Quote Quoting diermeij
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    My ex-girlfriend recently gave birth to a beautiful girl whom I may be the father to. My ex was previously married and has two additional children. She and those two children have the last name of her ex-husband. Her ex-husband has been in trouble in the past with the law. On the birth certificate she gave the new baby that same last name. We have a paternity test scheduled for tomorrow. Everyone involved resides in WI. If I am named the father, what are my rights to having the last name legally changed to be my own?

    Any help would be greatly appreciated...

    She gave the child her last name...that is perfectly normal and her ex has nothing to do with it. When you request the name change the Judge will decide what is in the best interest of the child...Most likely he will order a hyphenated name...ie..Smith-Jones...

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Changing Daughter's Last Name in Wisconsin

    Here's the statutory provision:
    Quote Quoting Wisconsin Statutes § 767.89(3m)
    (a) Upon the request of both parents, the court shall include in the judgment or order determining paternity an order changing the name of the child to a name agreed upon by the parents.

    (b) Except as provided in par. (a), the court may include in the judgment or order determining paternity an order changing the surname of the child to a surname that consists of the surnames of both parents separated by a hyphen or, if one or both parents have more than one surname, of one of the surnames of each parent separated by a hyphen, if all of the following apply:
    1. Only one parent requests that the child's name be changed, or both parents request that the child's name be changed but each parent requests a different name change.

    2. The court finds that such a name change is in the child's best interest.
    (c) Section 786.36 does not apply to a name change under this subsection.

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