How do I make sure my first son gets my last name? 10 Answers as of March 25, 2013

The mother and I are no longer together by HER choosing, and now she is telling me the baby will get her last name. I will be involved every chance I get and would like my first son to have my last name to carry on. How do I make sure I make this happen?

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Alison Elle Aleman, Attorney & Counselor at Law
Alison Elle Aleman, Attorney & Counselor at Law | Alison Elle Aleman
You can be listed on the birth certificate, but unless you take the mother to court, she can give the child her own last name, because she actually gave birth to the child. If this is important to you, petition the court to change the name of the child to your own. Be prepared to show the birth certificate, and to prove paternity if necessary.
Answer Applies to: California
Replied: 3/25/2013
John Russo | John Russo
You need to file a petition in the family court to have your name placed on the birth certificate and that the child have it as their surname.
Answer Applies to: Rhode Island
Replied: 3/25/2013
Fran Brochstein
Fran Brochstein | Fran Brochstein
You need to talk to a family law attorney and file for paternity. A judge will ORDER her to have a birth certificate with your name on it. The judge will make sure that the child carries your last name. Good luck!
Answer Applies to: Texas
Replied: 3/24/2013
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
If she wants to change the child's name she has to go through a procedure which includes notice by publication so read the legal notices part of the Wis. State Journal. You can start a paternity action to establish that you are the father, and you can seek relevant orders, including one that the child bear your family name. (But when he is 14 he can go back to court to change it to anything he wants.) You will probably have to pay child support, of course, but everyone should support their children.
Answer Applies to: Wisconsin
Replied: 3/22/2013
LAW OFFICE OF ANNE B. HOWARD | Anne B. Howard
You need to file a paternity action and for a custody hearing and request child has your last name.
Answer Applies to: California
Replied: 3/22/2013
    The Martin Law Group
    The Martin Law Group | Yolvondra Martin-Brown
    I am assuming neither of you were married. If not, then you will need to file Petition for Legitimation in which you ask the court to make you the legal father (versus the biological father with no rights) and request the child's name be changed to your last name. In this proceeding generally child support and visitation are established.
    Answer Applies to: Georgia
    Replied: 3/22/2013
    Law Offices of Julie A. Ringquist | Julie A. Ringquist
    You can request that the court order the birth certificate to be changed to your last name. There is no law that states the child should have the father's name over the mother's, so it will be up to the Judge to see which name is ordered.
    Answer Applies to: California
    Replied: 3/21/2013
    Petit & Dommershausen SC
    Petit & Dommershausen SC | Tajara Dommershausen
    File a paternity action.
    Answer Applies to: Wisconsin
    Replied: 3/21/2013
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    You will need to Petition for Legitimation and request that. I can help you with this.
    Answer Applies to: Georgia
    Replied: 3/21/2013
    Carey and Leisure | John Smitten
    If not married you have zero parental rights unless you file an action to enforce your rights.
    Answer Applies to: Florida
    Replied: 3/21/2013
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