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  1. #1
    Join Date
    Aug 2007
    Posts
    7

    Default Seeking a Name Change After a Custody and Visitation Order in Iowa

    IOWA: I did a paternity test and filed for paternity for a child I had from a short term relationship with a woman.
    I got the judges decision for joint legal custody, child support and liberal visitation 2 weeks ago.
    Things are going pretty well between the mother and me right now because she has to follow the judge’s orders.
    I had asked my lawyer from the beginning to have my name added to the birth certificate. It says unknown right now.
    I also asked for the surname to be changed to mine.
    My day in court was bruising. The mother and her family had nothing good to say about me. She asked for sole custody and limit me to 16 hours a month visitation- no overnights for 3 years.
    I am very thankful for the outcome. But there was no mention of the surname change.
    I emailed my lawyer. He said unless she is agreeable forget it. She is hostile to my name change request because I wasn’t there when our daughter was born.
    I want to rectify the birth certificate and give my daughter my surname. I believe it is her legal right and in a child’s best interest to have her dad’s last name.
    What is the Iowa law about a child’s name? How much time to I have to present my case to the mother? I think with time her hostilities towards me will mellow. My child is now 12 months old.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Seeking a Name Change After a Custody and Visitation Order in Iowa

    Has your name now been added to the birth certificate? Is the issue now only the child's surname?

  3. #3
    Join Date
    Aug 2007
    Posts
    7

    Default Re: Seeking a Name Change After a Custody and Visitation Order in Iowa

    My name is not on the birth certificate. It says unknown.
    I want my daughter to have my name on her birth certificate and I want to try to give her my surname. The mother is strongly opposed to it because I was not there for her during the pregnancy and birth.
    I think it is my daughter's legal right and in the best interest of the child.
    I think with time her mother anger toward me will mellow. The court ordered visitation has helped a lot.
    Does Iowa have a time limit for changing a baby's surname?
    Thanks for helping me.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Seeking a Name Change After a Custody and Visitation Order in Iowa

    Getting the birth certificate changed should be a matter of your requesting the change and documenting the order of paternity:
    Quote Quoting Iowa Code 144.40 Paternity of children - birth certificates.
    Upon request and receipt of an affidavit of paternity completed and filed pursuant to section 252A.3A , or a certified copy or notification by the clerk of court of a court or administrative order establishing paternity, the state registrar shall establish a new certificate of birth to show paternity if paternity is not shown on the birth certificate. Upon written request of the parents on the affidavit of paternity, the surname of the child may be changed on the certificate to that of the father. The certificate shall not be marked "amended". The original certificate and supporting documentation shall be maintained in a sealed file; however, a photocopy of the paternity affidavit filed pursuant to section 252A.3A and clearly labeled as a copy may be provided to a parent named on the affidavit of paternity.
    Absent the mother's consent you will need the court to order a name change, and as your lawyer has advised you that's probably not a battle you'll win. Still, if you don't mind spending the money, your lawyer can probably be convinced to try.

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