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  1. #1
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    Jan 2008
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    Default Rights Of An Out-Of-Wedlock Father

    I live in the state of Tennessee. My problem is that the biological father to my son who is not on the birth certificate, but does pay child support through the state is requesting for my son's last name be changed to his. Currently my 13 yr old has my maiden name. What legal right does the father have and is it possible to prevent this from happening?

  2. #2
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    Michigan
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    Default Re: Rights Of An Out-Of-Wedlock Father

    Is "requesting", meaning he has asked you, or has he commenced an action in court?

  3. #3
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    Default Re: Rights Of An Out-Of-Wedlock Father

    Quote Quoting aaron
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    Is "requesting", meaning he has asked you, or has he commenced an action in court?
    He has only asked...for now. He does see him when my son wants to go over there. And apparently he has been talking to him about it w/o my permission. So my son called home tonight and said "by the Dad and I have been talking and I want to change my name". I am appalled at the fact the his Dad would let him call me and ask me over the phone. He has no custody or legal visitation. Only pays support, and I let him see him on a regular basis. What are the legal rights in this matter?

  4. #4
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    Default Re: Rights Of An Out-Of-Wedlock Father

    Why are you appalled?? It's not like he was discussing something bizarre with his son - like bestiality! And he has every right to file for custody too.

  5. #5
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    Default Re: Rights Of An Out-Of-Wedlock Father

    I am not appalled at the fact that he talked to him. My point is that adults usually sit down with their children and have this discussion. Or at least it is something that the parents talk about and then present to the child. He called me like it was something as simple as asking what kind of ice cream do you want. Before you start making comments like that maybe you should ask more questions. His father didn't even tell his parents that he had a son, they found out by a mutual friend when he was 9 months old. Remember, I had to take him to court to get him to pay. So yes, it is important to me that he keeps my name. Why now, when he is 13????

  6. #6
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    Default Re: Rights Of An Out-Of-Wedlock Father

    Quote Quoting 525601minutes
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    Why are you appalled?? It's not like he was discussing something bizarre with his son - like bestiality! And he has every right to file for custody too.
    It was totally out of line for the father to discuss this with the CHILD without the mother there. This is something that should have been discussed by the parents alone, and then if there was an agreement, BOTH of them talk to the child.

  7. #7
    panther10758 Guest

    Default Re: Rights Of An Out-Of-Wedlock Father

    Why does Dad want this action 13 years later!?

  8. #8
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    Default Re: Rights Of An Out-Of-Wedlock Father

    I have no idea, it has come completely out of no where. When my son was 2, dad's parents wanted to have his name changed. But because dad had nothing to do with him, there was no way I would change his name. I think that when my child is 18, he can make that decision. I just don't know what my rights are.

  9. #9
    Join Date
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    Default Re: Rights Of An Out-Of-Wedlock Father

    I still need an answer if anyone has one. Do you think a judge would let him change his name? Being that he is 13, would the judge ask the child, or would he just make a ruling. I don't really see a benefit from changing it at this point.

  10. #10
    Join Date
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    Default Re: Rights Of An Out-Of-Wedlock Father

    A recent case (PDF) summarizes Tennessee name change law:
    Quote Quoting Clark v Arthur
    "The parent seeking to change the child's surname has the burden of proving that the change will further the child's best interests." Barabas v. Rogers, 868 S.W.2d 283, 287 (Tenn. Ct. App. 1993). Among the criteria for determining whether changing a child's surname will serve the child's best interests are: (1) the child's preference, (2) the change's potential effect on the child's relationship with each parent (3) the length of time the child has had its present surname, (4) the degree of community respect associated with the present and proposed surname, and (5) the difficulty, harassment, or embarrassment that the child may experience from bearing either its present or its proposed surname. Id.

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