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Walter
Walter, Legal Consultant
Category: Family Law
Satisfied Customers: 11528
Experience:  Family Law Consultant Specializing In Interpretation Of Family and General Law.
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I have a court ordered paternity test proving i am the ...

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I have a court ordered paternity test proving i am the father..but my daughters mother put her married last name as my daughters last name on her birth certificate..there is currently no one listed as the father on her birth certificate--how can i add myself to the birth certificate and change my daughters last name?
Submitted: 6 years ago.
Category: Family Law
Expert:  Walter replied 6 years ago.

Hello,

I am sorry, I do not have good news. In order to get your name on it you will need a court order. Vital Statics will not change a name on paternity alone. You can pick up the forms you need at your local law library and submit them to the clerk of courts office. They will set up a hearing at which time you can request the right to be added to the child's birth certificate and ask for a legal name change.

Send the order to Vital Statistics and they will change the birth certificate, once you get that back you will need to submit the order and the new birth certificate to the social security office to get a new SS card in her new name. Once she has that it is legal.

I wish you the best,

Walter

Walter, Legal Consultant
Category: Family Law
Satisfied Customers: 11528
Experience: Family Law Consultant Specializing In Interpretation Of Family and General Law.
Walter and 10 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
Reply to Walter's Post: and i do that from my state not thestae my daughters located in , right?
Expert:  Walter replied 6 years ago.

Hello,

No I am sorry, the petition will need to be filed in the state the child is a resident of as that state has jurisdiction over the child. The only exception is if the child has been in the new state less then 6 months.

Walter

Customer: replied 6 years ago.
Thanks so much. Just to clarify: She just moved from Arkansas(resided in Arkansas approx. 2 yrs) back to Louisiana approximately one month ago. So does that mean I can file in my state of Texas since her move is less than six months ? or should I file in Louisiana?
Expert:  Walter replied 6 years ago.

Hello,

You can try to file in your state of Texas and inform the courts she has only been in Louisianan for 1 month but it is up to the judge. Since she was in the state of Arkansas you would likely need to wait until she has residency in Louisianan or file in Arkansas.

Walter

Customer: replied 6 years ago.
I was trying to do this myself b/c right now i have no legal rights to my daughter and my ex refuses to let me see her ...is it possible for me to do this myself or should i seek legal council to assist?
Expert:  Walter replied 6 years ago.

Hello,

Since paternity has been established you can still petition for custody or visitation regardless of the name on the birth certificate. You can do this alone if you would like. In fact it may be easier to do it all at once. Petition for visitation and request the name be changed.

You will want to petition the courts for custody based on the best interest of the child. I would advise you to hire a lawyer as they can get a emergency hearing in quickly and see if the judge will grant you custody and or visitation based on the living arrangements of the child.

If this is not a possibility to hire a lawyer you will need to take a trip to your local law library and pick up custody/visitation forms. Fill them out completely and submit them to your local clerk of courts office with the filing fee's. The clerk will help you get the paperwork needed to serve the mother and will set up a hearing for a temporary custody order. Once that is granted the courts will set up a home study and if you are approved it will go back to court for a final order. Make sure at the hearing you let the judge know you would like to have the name changed as well.

I wish you the best,

Walter

Walter, Legal Consultant
Category: Family Law
Satisfied Customers: 11528
Experience: Family Law Consultant Specializing In Interpretation Of Family and General Law.
Walter and 10 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
Thank you so very much for all your help !!

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