Can I get support if my child has my last name, not the fathers?

[TeriDactyl]

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

I have never used one of these before, so if I do this wrong, I apologize.

The father of my child (who I knew 19 years) abandoned me when he found out I was pregnant with his child. I was able to put him on the birth certificate when he signed the AOP, but I now realize this was a mistake. I have good reason to believe that he will make himself very scarce throughout my child's lifetime, and do not want my child to have to have his last name as a reminder of abandonment. On the birth certificate my child's last name is mine, but my lawyer says that if I wish to obtain child support I will have to change my child's name to match the fathers. Is there any way to get around this? Can I fight this? The father and I were unmarried.

 

[Proserpina]

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

I have never used one of these before, so if I do this wrong, I apologize.

The father of my child (who I knew 19 years) abandoned me when he found out I was pregnant with his child. I was able to put him on the birth certificate when he signed the AOP, but I now realize this was a mistake. I have good reason to believe that he will make himself very scarce throughout my child's lifetime, and do not want my child to have to have his last name as a reminder of abandonment. On the birth certificate my child's last name is mine, but my lawyer says that if I wish to obtain child support I will have to change my child's name to match the fathers. Is there any way to get around this? Can I fight this? The father and I were unmarried.

Your lawyer is mistaken. Your child can be called Egbert Snozzbottom-Flibbertygibbet and you'll still be entitled to child support from his father, Bob Smith.

I'm not being flippant

 

[TeriDactyl]

Thank you

This is what I thought, too. He is adamant about this though and has told me I have no chance! How hard is it to fire a lawyer? I am adamant that my child not have his father's last name.

 

[justalayman]

How hard is it to fire a lawyer?

just pretend your Don Trump:

"You're fired"

just be sure to pay him/her for any outstanding balance on your account.

 

[stealth2]

It's usually good to keep your story straight if you're going to lie. So which of these two versions is the truth?

From your thread on Custody/Visitation:

I actually left him. He proposed and tried to get back with me several times, but it was quite clear by that point that he would not quit his bad habits.

And from this thread:

The father of my child (who I knew 19 years) abandoned me when he found out I was pregnant with his child. I was able to put him on the birth certificate when he signed the AOP, but I now realize this was a mistake.

 

[nextwife]

A. Dad would have the right to petition for his child to share his name. That is not the same as the child MUST have his name.

B. How old is this long-abandoned child?

 

[CourtClerk]

I don't want a constant reminder of his abandonment....

I just want his money.

 

[stealth2]

A. Dad would have the right to petition for his child to share his name. That is not the same as the child MUST have his name.

B. How old is this long-abandoned child?

From her other thread, 4 mos.

 

[Mamabear2003]

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

I have never used one of these before, so if I do this wrong, I apologize.

The father of my child (who I knew 19 years) abandoned me when he found out I was pregnant with his child. I was able to put him on the birth certificate when he signed the AOP, but I now realize this was a mistake. I have good reason to believe that he will make himself very scarce throughout my child's lifetime, and do not want my child to have to have his last name as a reminder of abandonment. On the birth certificate my child's last name is mine, but my lawyer says that if I wish to obtain child support I will have to change my child's name to match the fathers. Is there any way to get around this? Can I fight this? The father and I were unmarried.

Forgive me if this doesn't come out right, I just joined tonight in hopes of being of help and hopefully receiving help myself.

I resided in NJ and now in NY. I know for a FACT that birth certificate and last name do not matter. You file the motion for the CS and there is a list of questions... did the father sign the birth certificate, does the child have the same last name? Signing of the BC is an automatic admission to being the father. Now, they can run a DNA test through the court to prove he is the father. It's as easy as a swab of the mouth in most states.
Again, this is coming from the tri-state area, not sure about TX, but I would definately look into it more. Usually, each state has an official .gov site that should help provide the information, or you can at least obtain the number to the CS unit and someone there can give you the exact details. Hope this helps.

 

[Antigone*]

Forgive me if this doesn't come out right, I just joined tonight in hopes of being of help and hopefully receiving help myself.

I resided in NJ and now in NY. I know for a FACT that birth certificate and last name do not matter. You file the motion for the CS and there is a list of questions... did the father sign the birth certificate, does the child have the same last name? Signing of the BC is an automatic admission to being the father. Now, they can run a DNA test through the court to prove he is the father. It's as easy as a swab of the mouth in most states.
Again, this is coming from the tri-state area, not sure about TX, but I would definately look into it more. Usually, each state has an official .gov site that should help provide the information, or you can at least obtain the number to the CS unit and someone there can give you the exact details. Hope this helps.

If you're not sure about Texas then don't post, or get sure

 

[garrula lingua]

I believe you are probably using the Office of the Attorney General to obtain child support (? correct ?).

The 'SAPCR' which will be filed to establish c/s will also deal with the child's last name, conservatorship (legal custody in other states) and possession & access (visitation).
If this is an OAG case,
1. NO, you cannot fire an Assistant Attorney General handling the case.
2. You have the right to a hearing wherein you can ask the Court to order that the child's surname remain as yours. Most IV-D Judges will order the child's name to be the same as Father's (sort of in return for having the c/s order against him).
3. I'm not clear as to what surname your child was given. You named the father on the BC, but did you give the child Dad's last name or yours ?
If you gave Dad's last name to the child, you have to argue, in court, why the baby's name should be changed to yours. Most IV-D courts won't do that unless there's been severe family violence or child molestation by the Dad.
If the BC stated the child's name as Mom's last name, even if you lose the argument before the court (for the court not to change to Dad's name), there is additional step people have to take: they have to send a copy of the court order to the Bureau of Vital Statistics (with a small fee) in order to actually change the BC. Most people neglect to do this, so the child continues with the original name stated on the BC.

PS: If you are using the AG's office, bear in mind that that attorney knows the Associate Judge and what that AJ will order (they are appearing in front of that AJ day after day, after day. Indeed, if this is a private attorney, they may know the Judge (very well) you will be appearing before and are simply trying to tell you what that Judge will do - a reality check.
Also, you can't collect c/s and cut Dad out of his child's life. If Dad signed the AOP, he didn't 'abandon' the baby - he stated he was the baby's legal father.
As such, Dad has rights as a parent - same as you do.
Dad has a right to have visitation, as well as argue for the baby's last name to be his.

 

[ecmst12]

Dad has a right to file for and receive visitation REGARDLESS of whether mom is receiving child support or not.

 

[Tinkster1020]

You are completely oblivious to the point I and several other members were trying to make with mamabear here.

Focus, please

I think there's a difference between putdowns and *goodhearted* teasing though. The latter is fun and keeps things lively. The former is just mean and unnecessary.
No I wasn't oblivious, I understood your point.

 

[Tinkster1020]

And when one is financially in a hole, one has to learn to economize/cut spending & expenses. Same for states and nations as for individuals and families (and throw business/corporations in there, too).

So very true.... LOL my husband tells me I can make a dollar squeal. Even if you are not in a hole financially, I once was and seems like those times/habits stuck with me and I learned to be frugal.

 

[Antigone*]

I think there's a difference between putdowns and *goodhearted* teasing though. The latter is fun and keeps things lively. The former is just mean and unnecessary.
No I wasn't oblivious, I understood your point.

Then what was your point...

I was not being goodhearted or teasing. Mamabear is doing a disservice to this forum and the poster who come here seeking help when she pushes her "New York" information when it is not relevant. If she wants to be a contributing member of this forum she will need to post what is relevant to the OP and not confuse a person who may already be in state of confusion.

She was advised a couple of times and did not heed the advice, so if I wasn't cotton candy and lollypops, oh well.