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They are trying to take my sons last name!!!

 
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Kota&ME



Joined: 22 Jan 2009
Posts: 1
State or Province: Arkansas

PostPosted: Mon Feb 09, 2009 3:18 pm    Post subject: They are trying to take my sons last name!!! Reply with quote

I am a single mother in arkansas looking for help where ever I can find it. I am soon going to be going to court over the rights that my sons father thinks he has. My son is now 14 months old and his father walked away when my son was only a month and half old. A year later the father is taking me to court for paternity, visitation rights and to have my sons name changed. Now I asked him to be at birth and he refused, we were never married and he has never really been a part of my sons life. But my lawyer has told me that the judge will change my sons last name from mine to his fathers when paternity is proven. "THIS IS SO WRONG"!!! There is "NO" law in the state of arkansas requiring any name change to a biological father after paternity is proven. I was told its changed because that is just society. Well society is not raising my son I am. To make a long story short I am prepared to appeal this judges decision as he has no legal right to change my sons name or for that matter any good reason. I dont know how far this thing will go but I am looking for local support. I will go public if I have to and will change the laws in my state if necessary. I do believe in a fathers rights for those who deserve them and I do not think they take precidence over a mothers rights.
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Still in Love



Joined: 05 Sep 2006
Posts: 216
State or Province: California

PostPosted: Wed Feb 18, 2009 10:58 am    Post subject: Reply with quote

This is a battle you will likely lose I am sorry to say. The father has the right to have his last name carried on. If you had a daughter, then it is likely that he would not demand the last name changed as a woman doesn't carry on the family name... the male does.

Once paternity is established, the judge will order the Birth certificate changed to reflect the father on the certificate and if the father requests it, the last name of the child will be changed to the father's last name.

You won't see a law.. but it is like this in almost all states. You will end up wasting a ton of money on fighting this and will lose regardless... the best you will be able to do is when your child is of legal age of decision when is different in every state and is usually between the ages of 12-16 you and he can petition the courts to change it back to your last name or just wait till he is 18 and he can do it himself.
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felrwil



Joined: 31 Jan 2009
Posts: 5
State or Province: Oklahoma

PostPosted: Wed Feb 18, 2009 9:45 pm    Post subject: Reply with quote

I went through the same thing. My child is carrying on my last name because there was no reason to change it. You have to provide certain points to prove there would not be a benefit to change the name. the factors are: identification of the child as a part of a family unit, the effect on the child's relationship with each parent, the motivation of the parties, the effect of the failure to change the name will have in furthering the estrangement of the child from a father exhibiting a desire to perserve the parental relationship, the age of the child and how long the child has had the current name, the effect of the change of the child's surname on the preservation and the development of the child's relationship with each parent and the degree of community respect associated with the present and proposed surnames. For younger children, you must take into consideration: the possibility that a different name may cause insecurity or lack of identity, the use of a particular surname for a substantial period of time without objection, the preference of the child, difficulty the child may experience with the proposed surname, embarrassment or inconvience that may result if the child's surname differs from that of the custodial parent. Supreme courts have carried down the ruling that the only way a judge can rule on a name change is if both parents agree to the change. I fought for my rights on my child's name for 2 years and won. Good luck.
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twinkle23



Joined: 08 Jan 2009
Posts: 8
State or Province: Illinois

PostPosted: Tue Feb 24, 2009 4:40 pm    Post subject: Reply with quote

lol a father does not have the RIGHT to have his name carried on...he CAN go to court and prove why the child should have his last name
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