QUESTION
The mother of my newborn baby boy filled out his birth certificate behind my back giving him HER last name. She refuses to change it. Can I?
Asked on Jul 26th, 2013 on Family Law - New Jersey
More details to this question:
This woman was my girlfriend for about a year and a half. We had no plans on living together, she was to keep her apartment and me mine. Without my knowledge, she thought she could get over on the system by claiming to social services that she didn't know who the father was, in order to receive benefits (which didn't work out for her). So when I wasn't at the hospital, she filled out the birth certificate giving my new son HER last name. Once I found out about it, I told her I wanted it changed, asked her to see about making it happen, and for the past several weeks she's been leading me on telling me she's working on it. Today however, she finally comes out with it and tells me she's not changing it, she wants his name to stay the same. Is there anything I can do about this? I want my son to have my last name, he would be the only child with my name, and my only chance to carry my name to the next generation. Without it, my last name will die off forever.
1 ANSWER
2 Awards
Do you pay child support for this child? Are you willing to do so until the child is 18 or emancipated? If you are and you want visitation rights, etc. you can petition the court. Usually, if the parents are not married, the hospital will put the mother's name on the birth certificate and if the mother wants the father's name on it, the father has to consent. the child's name is not as important as what role you want to play in the child's life, because once you start down that path, you can't expect to say I want the child to have my name, but do not want to pay support for the child. Keep in mind also, that you will have to deal with the woman who was your girlfriend, as long as you want to have contact with your child and you will be paying child support to her.
Answered on Jul 26th, 2013 at 5:19 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship