If two people have a child without getting married, is the mother legally allowed to change the child's last name?
My husband's ex says she changed their child's last name. They were never married, and the child is now 6 1/2 years old . When the child was born, paternity was acknowledged, signed to and my husband's last name was given to the child. Later she even asked for a paternity test, which was done and it was reconfirmed that he was the father. No legal/physical custody has been established through the courts, the child has just always lived with the mother and he didn't contest it. She now recently says that she change the child's last name.
Is that legally possible?
And without the father's knowledge?
Can she just remove her father's last name?
We live in NY.