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Discussion in 'Adoption' started by latn504, Jul 16, 2014.

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  1. latn504

    latn504 Law Topic Starter New Member

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    My husband is trying to give my daughter his last name, her biological father whom is not on her birth certificate but does pay child support but is not active in my daughters life would I need his consent to go through with the process of changing her last name? My husband & I were married when she was conceived but I gave her my maiden name due to him being incarcerated.
     
  2. army judge

    army judge Super Moderator

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    You can't just give someone, especially a child, your surname.

    In some cases, you can correct mistakes on birth certificates.

    That isn't an issue for you.

    Your best bet would be to speak with a Louisiana licensed attorney.

    I'm sure there are many in your parish.

    The initial consultation is often offered at no charge, so ask, if money is tight.

    Louisiana law is quite unlike the law in the other 49 US states.

    Generally speaking, if there is nothing to bar you, you could petition the court to change the child's last name from Boudreaux (for example) to Metoyer.
    Not knowing LA law well, and unfamiliar with your divorce and custody orders, do yourself a BIG favor; visit a LA licensed lawyer.
     
  3. Proserpina

    Proserpina Moderator

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    The guy paying child support is the child's only legal father.

    You cannot swap 'em out, I'm afraid. You'd need his consent (or notification).
     
  4. shrinkmaster

    shrinkmaster Well-Known Member

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    Ok did court order this child support? If his name is not on birth documents only a court, through a paternity action, can deem him the Father and order support.
     

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