Naming Father on Birth Certificate

[Frustrated_one]

What is the name of your state? Virginia

When my 2 girls were born, I was not married to their father.

One was given my last name the other was given her father's last name. The hospital erred and now I'm trying to correct this by filing a petition to have my daughter with my last name given her father's last name. I know he'll be shocked.

Anyway, the administrator at their daycare who I am friendly with noted that their father was not named on their birth certificates. Can I just send in our custody/child support paperwork to the Department of Vital Statistics requesting that he be named on their birth certificates or is this something that will have to be specifically ordered by the court. I would think the custody order would be sufficient.

 

[stephenk]

You will need to file a specific motion with the court to have your daughter's name changed to that of the dad. You will need to give notice to the dad of the motion.

 

[Frustrated_one]

A petition for the other daughter's name changed to his is being filed soon. I have to give him notice before filing? I thought the court would notify him after the petition was filed.

Anway, my original question was - I was wanting to know if I could put him on their birth certificate using the custody order which names him as their father.

 

[ceara19]

A petition for the other daughter's name changed to his is being filed soon. I have to give him notice before filing? I thought the court would notify him after the petition was filed.

Anway, my original question was - I was wanting to know if I could put him on their birth certificate using the custody order which names him as their father.

What exactly does the order say? When you file the petition for the name change, he will have to be properly served and it is up to YOU to make sure that he is.

 

[triviafreakdad]

A petition for the other daughter's name changed to his is being filed soon. I have to give him notice before filing? I thought the court would notify him after the petition was filed.

Anway, my original question was - I was wanting to know if I could put him on their birth certificate using the custody order which names him as their father.

Call tthe VA Dept. of Vital Statistics, there maybe a simple, correctible procedural error .

 

[Frustrated_one]

What exactly does the order say?

It's a general order covering custody, visitation, relocation, child support, etc. Nothing about name changes. He informed the court that they were his children. So paternity was not an issue. In all orders, he is named as the father and was present at court along with his attorney.

The clerk of the court offers service to make sure he is served. Changing the other child's name to his will not be a problem for him. He'll just wonder why I did it.

 

[Frustrated_one]

Call tthe VA Dept. of Vital Statistics, there maybe a simple, correctible procedural error .

Thanks. That would make sense. I'll check on it today.

 

[stephenk]

"Call tthe VA Dept. of Vital Statistics, there maybe a simple, correctible procedural error."

What error? She gave her daughter her own last name. Now she wants to change it to someone else's last name. Short of a court order, there is nothing Department of Vital Statistics can do to change the birth certificate.

Just because dad has a custody and support order against him doesn't automatically mean the kid's last name is now legally the dad's last name.

 

[Frustrated_one]

"Call tthe VA Dept. of Vital Statistics, there maybe a simple, correctible procedural error."

What error? She gave her daughter her own last name. Now she wants to change it to someone else's last name. Short of a court order, there is nothing Department of Vital Statistics can do to change the birth certificate.

What the heck are you talking about? Go back and read what I wrote.

THE HOSPITAL errored and I'm trying to now give her her FATHER"s last name just like her sisters. It was never supposed to be my last name. Geesh.

 

[Ohiogal]

What the heck are you talking about? Go back and read what I wrote.

THE HOSPITAL errored and I'm trying to now give her her FATHER"s last name just like her sisters. It was never supposed to be my last name. Geesh.

No the hospital did not err. You erred in having the child named after you. You need a court order to change this official documentation.

 

[melissa1973]

What is the name of your state? Virginia

When my 2 girls were born, I was not married to their father.

One was given my last name the other was given her father's last name. The hospital erred and now I'm trying to correct this by filing a petition to have my daughter with my last name given her father's last name. I know he'll be shocked.

Anyway, the administrator at their daycare who I am friendly with noted that their father was not named on their birth certificates. Can I just send in our custody/child support paperwork to the Department of Vital Statistics requesting that he be named on their birth certificates or is this something that will have to be specifically ordered by the court. I would think the custody order would be sufficient.

My advice Frustrated_one (AND THERE IS NOTHING LEGAL ABOUT IT, JUST PERSONAL OPINION) would be to atleast try what triviafreakdad said and atleast check to see if there is anything the vital stats office can do. Even if they can't atleast you tried that avenue before taking it all the way into a court room when it MAY BE unecessary.

On the VA vital stats webpage it says this : "How do you correct information on a certificate?
There are several provisions in the Virginia statutes whereby changes may be made on a vital record. We encourage you to write us with your correction request and we will advise you on what needs to be done to make the correction.
Submit your requests to Attn: Special Services Dept."

Here is the address:
VDH, Office of Vital Records
and Health Statistics
P.O. Box 1000
Richmond, Virginia
23218-1000

 

[Frustrated_one]

No the hospital did not err. You erred in having the child named after you. You need a court order to change this official documentation.

No. In the hospital I completed paperwork with her father's name, was told I could not do that without his consent since we were not married and to fill it out with my last name. Later that evening he comes back to the hospital after work and said he wanted to sign off on the paperwork giving her his last name.

The hospital administrator was a notary and the next day she brought us a new form to be completed. She stated that the other one will not be used and made us both sign the paperwork with his name. The administrator said that the other paperwork would not be used. I asked for a copy and never recieved one but was told not to worry that it would be filed.

When I called for the BC, Vital Statistics said the hospital filed it under my name. With 2 children, there is no way I would name one after their father and the other after me. Paternity was not questionable at all.

Anyway, so now I need to correct it. Looks like I'll have to file a court order to make it legal. He just assumed since we are no longer together that I would not change her name but she deserves his last name like her sister.

 

[ceara19]

No. In the hospital I completed paperwork with her father's name, was told I could not do that without his consent since we were not married and to fill it out with my last name. Later that evening he comes back to the hospital after work and said he wanted to sign off on the paperwork giving her his last name.

The hospital administrator was a notary and the next day she brought us a new form to be completed. She stated that the other one will not be used and made us both sign the paperwork with his name. The administrator said that the other paperwork would not be used. I asked for a copy and never recieved one but was told not to worry that it would be filed.

When I called for the BC, Vital Statistics said the hospital filed it under my name. With 2 children, there is no way I would name one after their father and the other after me. Paternity was not questionable at all.

Anyway, so now I need to correct it. Looks like I'll have to file a court order to make it legal. He just assumed since we are no longer together that I would not change her name but she deserves his last name like her sister.

Unfortunately, the paper work that was sent in was legally valid. You will have a very difficult time proving that the hospital erred. The easiest way to get the matter taken care of is to call dad and petition the court for a name change of a minor TOGETHER.

 

[Frustrated_one]

Unfortunately, the paper work that was sent in was legally valid. You will have a very difficult time proving that the hospital erred. The easiest way to get the matter taken care of is to call dad and petition the court for a name change of a minor TOGETHER.

That's my plan.

When I originally posted this, I hadn't contacted Vital Statistics yet but they will need either a court order with specific language regarding paternity (there is none) or an AOP. I first want to check the records at the courthouse to make sure an AOP was not signed by him before filing a petition though.

Or maybe us signing off on the paperwork in front of a notary would be the easiest route? Hadn't thought of that one....I wonder if we have to be present at the same time. Hopefully not.

 

[rmet4nzkx]

It is possible that the first BC went through and was filed before the next one was completed the next day before the AOP was completed and while an AOP may have been completed or a new BC, you will still need a court order to amend the original BC, no matter if there was a mistake or not. And it will be an amended BC. Vital Statistics may have the proof you need to take to court, but you will still need a court order of some sort. And when you are done with that you will need to update social security.