Illegal name change? Possible adoption?

[jayrodswifey]

What is the name of your state (only U.S. law)? Florida

Is it legal for a mother to change her minor child's last name from her maiden name to her new husband's name without the consent of the bioloical father? Paternity was not established until after the name was changed at no fault of the biological father. He attempted to have the matter cleared and was told that the new husband will be adopting th child so no paternity necessary. The mother had the biological father sign affidavit of non-paternity for the adoption. Two years later, the mother and her 'new husband' divorced and she is pursuing current and retro support from the biological father. He is concerned because he spent the past two years without the ability to know his daughter, believing that she was adopted? How does he prove or disprove the adoption. The child's mother advised the court that the child was not adopted by her stepfather and that she just changed the child's name for personal reasons. He is quite upset because he was misled by the child's mother and now is being tortured in court. Help Please!

[Proserpina]

Originally Posted by jayrodswifey

What is the name of your state (only U.S. law)? Florida

Is it legal for a mother to change her minor child's last name from her maiden name to her new husband's name without the consent of the bioloical father? Paternity was not established until after the name was changed at no fault of the biological father. He attempted to have the matter cleared and was told that the new husband will be adopting th child so no paternity necessary.

Who told him this? Why exactly did he never establish paternity? (and yes, he is at fault)

The mother had the biological father sign affidavit of non-paternity for the adoption. Two years later, the mother and her 'new husband' divorced and she is pursuing current and retro support from the biological father.

Were Dad's rights terminated?

He is concerned because he spent the past two years without the ability to know his daughter, believing that she was adopted? How does he prove or disprove the adoption. The child's mother advised the court that the child was not adopted by her stepfather and that she just changed the child's name for personal reasons. He is quite upset because he was misled by the child's mother and now is being tortured in court. Help Please!

Why didn't he ever follow up?

Who are you in the situation?

[jayrodswifey]

The child's mother told him that there was not a possibility that it was his, but that she had to put his name down for paternity because she had sexual contact with him during that time frame. She told him that he was not even in the same state as her during the conception. He knows now that she lied because the paternity test came back positive. After the mother asked him to sign the affidavit of non-paternity, the mother, fiance and child moved to another state with no means of contact.

At the time, the biological father had received a notice from the court that if he did not take a paternity test by the date stated that there would be a warrant issued for his arrest. After the mother moved to another state, he did not receive anymore notices from the court and figured that she had done what she stated she would do: have her new husband adopt the baby.

Recently, she came back to Florida and filed a new paternity case. She told the biological father upon contact that her and her new husband had gotten a divorce and now she needed help supporting the child. The father agreed that he would do what the court ordered but that he was confused on what had happened.

Now, the mother is being very uncooperative with what actually did happen. The biological father only knows that the paternity established him as father and that during this time frame, he received two sets of paperwork: One with the child's birth name and one with the step fathers name. He believes that something shady may have occurred. He was willing to sign away rights to paternity because he didn't even know that she was pregnant, she advised that there was nothing to worry about because he couldn't possibly be the father, and we were grieving over the loss of our son. I am his wife and am trying to help him get the facts straight and hope for some relief. I am now supporting my husband because the court is taking more than 60% of his income and he is unable to support himself any longer. I am just trying to help relieve some of the burden on my husband's shoulders.

[Proserpina]

Originally Posted by jayrodswifey

The child's mother told him that there was not a possibility that it was his, but that she had to put his name down for paternity because she had sexual contact with him during that time frame. She told him that he was not even in the same state as her during the conception. He knows now that she lied because the paternity test came back positive. After the mother asked him to sign the affidavit of non-paternity, the mother, fiance and child moved to another state with no means of contact.


At the time, the biological father had received a notice from the court that if he did not take a paternity test by the date stated that there would be a warrant issued for his arrest. After the mother moved to another state, he did not receive anymore notices from the court and figured that she had done what she stated she would do: have her new husband adopt the baby.

Recently, she came back to Florida and filed a new paternity case. She told the biological father upon contact that her and her new husband had gotten a divorce and now she needed help supporting the child. The father agreed that he would do what the court ordered but that he was confused on what had happened.

Now, the mother is being very uncooperative with what actually did happen. The biological father only knows that the paternity established him as father and that during this time frame, he received two sets of paperwork: One with the child's birth name and one with the step fathers name. He believes that something shady may have occurred. He was willing to sign away rights to paternity because he didn't even know that she was pregnant, she advised that there was nothing to worry about because he couldn't possibly be the father, and we were grieving over the loss of our son.

Oy. Lesson learned: Thou Shalt Not Trust Legal "advice" Given By Thine Ex.

She was obviously wrong - he really DID need to have addressed this situation back then.

I am his wife and am trying to help him get the facts straight and hope for some relief. I am now supporting my husband because the court is taking more than 60% of his income and he is unable to support himself any longer. I am just trying to help relieve some of the burden on my husband's shoulders.

Then he's legally established as father - yes, he can ask the Court to order kiddo's name to be changed. Whether they will do as he asks is another thing entirely - what are the chances he can ask Mom to hyphenate the child's name?

What is the time-line here,btw?

[jayrodswifey]

How would she have changed the name without an adoption though?

The baby was born in January of 06. He received notice from the court in march 06 for test in Apr. Childs mother moved mid apr, before the test date. had him sign affidavit before she left. Didn't recieve anything again until august 2008 with the child having a different last name than before she left.

Paternity was established in May of this year.

[Proserpina]

How would she have changed the name without an adoption though?

The baby was born in January of 06. He received notice from the court in march 06 for test in Apr. Childs mother moved mid apr, before the test date. had him sign affidavit before she left. Didn't recieve anything again until august 2008 with the child having a different last name than before she left.

Paternity was established in May of this year.

He signed the affidavit but it was never filed, correct?

Then Dad wasn't actually Dad when Mom actually changed the child's name - she did nothing wrong.

(had they been married it might have been a different matter but since they weren't, Mom was the sole legal parent up until May of this year)