mother wants to change the last name of a child without the father's permission

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rseigart

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a friend of mine wants to know what can he do or what rights he may have, if any. His girlfriend had a child 8 months ago. they were together the whole time but broke up 3 months after the child was born. He believed the child was his and signed the birth certificate. he bonded strongly with the child during that time, but there was a doubt about paternity, as the child looked like he was a mixed breed. They are both caucasion but he had some african american features and coloration. nevertheless, he still bonded with the child even with the doubt. Well, as i said, they split up when he was 3 months old, he is now 8 months old. the mother recently had a DNA test done with the father who she believed was the father (who IS african american) the test came back positive and now she wants to change the last name (which was in the ex-boyfriend's name). she also will not let the ex-boyfriend see the child. he still wants to be a part of the childs life even though he knows the situation. does he have ANY rights at all?
 
rseigart said:
a friend of mine wants to know what can he do or what rights he may have, if any. His girlfriend had a child 8 months ago. they were together the whole time but broke up 3 months after the child was born. He believed the child was his and signed the birth certificate. he bonded strongly with the child during that time, but there was a doubt about paternity, as the child looked like he was a mixed breed. They are both caucasion but he had some african american features and coloration. nevertheless, he still bonded with the child even with the doubt. Well, as i said, they split up when he was 3 months old, he is now 8 months old. the mother recently had a DNA test done with the father who she believed was the father (who IS african american) the test came back positive and now she wants to change the last name (which was in the ex-boyfriend's name). she also will not let the ex-boyfriend see the child. he still wants to be a part of the childs life even though he knows the situation. does he have ANY rights at all?
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Was it a court ordered DNA test?

Is Mom attempting to disestablish paternity?

Does your ..friend..actually have court ordered visitation?
 
Firsrt of all, your friend needs to request the DNA test. He should not listen to mom. Second, he really needs to find out if he can legally dispute paternity this late in the game. As long as his name remains on the birth cert, he is gthe legal dad and liable for support. Does he want to remain the legal father? Either way, he needs to see an attorney snd either keep things the way they are and file for visits with the child OR have his name legally removed BUT he needs to request a DNA test through the courts.
 
no it wasnt a court ordered DNA test. the mother kept telling the ex-boyfriend that it was his baby the whole time she was pregnant and even after the child was born. they had split up and she recently married the actual father (the one the DNA test was done for) from what i understand she is trying to change the childs name for spite so that the ex-boyfriend cannot have anything to do with the child. the ex does not have court orded visitation. he just wants to know if he has any legal rights to be able to continue any kind of visitation or whatever as, like i said, he had established a strong bond with the child and finacially supported the child. does he have to sign anything for her to be able to change the childs last name. he was named as the father on the birth certificate and he signed the certificate himself.
 
And let's not forget that Georgia requires legitimation in addition to being established as Dad...

OP, have your friend speak with an attorney - this may become even more complex.
 
the actual father took it upon himself to have the DNA test done and is the one that said it came back positive (in his favour). does the ex-boyfriend still need to have a "court ordered" DNA test? the "father" "says" he has already adopted her and wants the childs name changed. but the ex-boyfriend still would like to be a part of the childs life and does not want the name change
 
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rseigart said:
the actual father took it upon himself to have the DNA test done and is the one that said it came back positive (in his favour). does the ex-boyfriend still need to have a "court ordered" DNA test? he "says" he has already adopted her and wants the childs name changed.
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Somebody isn't telling somebody else the whole truth. If an adoption took place, the child's name would generally have been changed as part of the process. And if an adoption took place, whoever was on the birth certificate would have had to have been notified and served.

Dad needs to see an attorney, asap.

If the other guy HAS adopted the child, then your friend has no rights whatsoever.
 
ok well. thank you. no he never was served. like i said though, we have a feeling that they're lying about the adoption and maybe even the DNA test. but as long as he is named the father he does have rights
 
rseigart said:
ok well. thank you. no he never was served. like i said though, we have a feeling that they're lying about the adoption and maybe even the DNA test. but as long as he is named the father he does have rights
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That's not entirely accurate - again, in Georgia, he must go through the legitimation process before he can actually exercise any paternal rights. It's not as simple as being named on the birth certificate.

(Georgia is somewhat unique in this aspect ;) )
 
well when it is legitmized and established that he is NOT the father. does he have to give up his rights? even though he bonded strongly with the child. he is emotionally distraught about the situation and wants to continue a relationship.
 
rseigart said:
well when it is legitmized and established that he is NOT the father. does he have to give up his rights? even though he bonded strongly with the child. he is emotionally distraught about the situation and wants to continue a relationship.
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If someone else is established as Dad, your friend will unfortunately have no rights to see the child whatsoever.

There is nothing he can file to force Mom to allow visitation, if Mom and/or the other guy don't want him to be involved. I imagine this is very difficult for your friend but he doesn't really have any real options at this point other than filing to establish paternity in court, which will then result in the court ordering a DNA paternity test. At least that way he'll know one way or the other.

I'm sorry I can't give you better news.
 
but there was a doubt about paternity, as the child looked like he was a mixed breed.
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This is a very offensive term. "Mixed breed" is a term you would use for a animal...NOT A CHILD.

Geesh.

:no:
 
Yes he can:

Hi,

If his father is ready to take his children custody then go for DNA test.

If its been proved that you may consult a good lawyer for this.

Thanks
 
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