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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience:  Practicing Attorney for over 15 years
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i want to give my daughter my last name. there are two men

Resolved Question:

i want to give my daughter my last name. there are two men involved as far as paternity. one is on the birth certificate but is not her biological father, the other is the bio dad and knows about her. neither man is involved. my husband(her stepfather) and i are her parents. which man will i need to notify to change her name? both?
Submitted: 7 years ago.
Category: Family Law
Expert:  Daniel Solutions replied 7 years ago.
Since there is a man listed on the birth certificate you must file a paternity petition against that man so that he can be released as the father and allow your husband to acknowledge paternity. However the problem you face is that some judge will require a DNA test and if you appear before one who does then your husband will not match and would have to formally adopt the child if you wish the court to view him as a parent. There are no other ways.
Customer: replied 7 years ago.
i dont necessarily need a court to accept my husband as a parent. he is her parent every day and is ok with that. and the bio father (who is not on the birth certificate) could have been in her life but chose not to and didnt really feel she should have his name. there are no custody problems because the people that want responsibility for my daughter already have it. this is just a simple change of last name. i want my daughter and i to share the same name, and that happens to be my husbands. but it is going to be that complicated to accomplish this?
Expert:  Daniel Solutions replied 7 years ago.
If you only want your daughter to have your last name as the mother then you must still file the paternity petition I mentioned earlier in court for a DNA test to be performed proving the listed father is not the father then you can seek a new birth certificate.
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