ANSWERS: 5
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Not to be rude, but the day your son was born, didn't you have an idea of who the father was? If yes, then the next question would be why you put your first husband's name there as "father". This and other interesting questions will be asked, and you better have some 'good' reasons for why things went down the way they did. Some states actually frown on lying to the point where fines and even jail time can be handed out for these sorts of things. It appears that Identity is tied into your birth certificate and changing it now requires an act of law. You are going to have to take the certificate, the DNA test and your attorney and go to court to get a legal name change to the "rightful biological" father. Get an attorney, because the questions I asked at the top, are just the tip of the iceberg of what you will encounter.
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It may change with jurisdiction, but to change your son's last name, you just do it: start using the new last name. My sister gave her son her husband's last name even though he was born before she ever met the the husband. As long as there are not too many document sin the old name, it won't matter much. In the UK, they are very reluctant to change the birth certificate. They say that it is a record of what was believed at the time the birth was registered, not a statement of fact.
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It is not my intention to be rude or mean but I go along with Athrael's two questions. You see, when you change your child's last name these questions will come up, thus you better have very good answers to them. Not for us but for the judge who will ask you. You would do well if you hired a good lawyer who is to handle the paper work, it is a long task and too many questions asked. Regards
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IM IN THE SAME SITUATION AND AM GOING THRU THE FUN COURT PROCESS. IT MAY BE DIFFERENT IN EACH STATE. BUT I WAS ADVISED THAT I NEED TO ESTABLISH PATERNITY FOR BIOLOGICAL FATHER WITH ORDER OF NAME CHANGE. THE ORDER FOR MY STATE SPECIFICALLY MUST STATE TO REMOVE LISTED MAN AND TO ADD CORRECT MAN TO BIRTH CERT. AFTER ESABLISHING PATERNITY THE JUDGE SHOULD GIVE YOU AN ORDER TO GET AN AMENDED BIRTH CERTIFICATE. IM IN THE MIDDLE RIGHT NOW SO HOPE ALL GOES OKAY .....GOOD LUCK I KNOW WHAT YOUR GOING THROUGH!!!
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JUST GOT DONE THROUGH THE PROCESS....ACTUALLY THIS WEEK GOT MY COURT ORDER....I HAD TO FILE FOR A NAME CHANGE AS WELL AS FILING A BLANK MOTION FORM ASKING FOR THE INCORRECT FATHER TO BE REMOVED FROM THE CERTIFICATE AND THE BIO DADDY ADDED...WHALA! LAST NAME CHANGED IN WITH THE RIGHT OUT WITH THE WRONG, NOW I JUST HAVE TO SEND IN FOR THE NEW SOCIAL SECURITY CARD AND AMENDED BIRTH CERT THAT WILL TAKE A YEAR TO GET...EERRRR...OH WELL THE HARD PART IS OVER! GOOD LUCK, I WOULD GO BACK Jaets2008 AND SUBMITT SOME SORT OF AMMENDED MOTION TO YOUR PREVIOUS COURT CASE AND PASS THE ADDITIONAL FILING FEES OF A NAME CHANGE.
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