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Q: Child name change ( No Answer,   3 Comments )
Subject: Child name change
Category: Family and Home > Parenting
Asked by: zlewis-ga
List Price: $2.00
Posted: 31 Mar 2006 10:06 PST
Expires: 30 Apr 2006 11:06 PDT
Question ID: 714036
A judged ordered that my son name be changed. He was less than a year
and I did not sign the birth certificate, but I was at his birth. His
mother surprised me at the hospital when she said she was not going to
give him my last name. Months later legitimation was established, I
requested to sign the birth certificate and have his surname changed
to mine. The judge granted it and order vital statistics to change the
name. Can his mither change his name back or is this a final order?

Request for Question Clarification by cynthia-ga on 31 Mar 2006 15:24 PST
I answered a very similar question in January that you might be
interested in reading. The state was Massachusettes.

Subject: Unmarried parents' child legal question on last name

What state are you in?
There is no answer at this time.

Subject: Re: Child name change
From: perhaps-ga on 31 Mar 2006 15:01 PST
Please state what state you are in, so someone can give you more
reliable advice.  Good luck!
Subject: Re: Child name change
From: irlandes-ga on 05 Apr 2006 20:03 PDT
As stated, each state may have its own laws and court procedures, thus
the need to consult an attorney from the relevant state in important

In most states, to violate a court order by a judge is called
something like Contempt of Court.

If a judge ordered the name changed, and she changes it back
privately, she is violating a court order, see an attorney for a
Petition for Contempt of Court Hearing.

And, frankly, the Bureau of Vital Statistics has always, and this has
not been reduced in these insecure times, had some sort of requirement
for proof for a name change in a birth certificate. That is why the
judge issued a court order to them to change that certificate.

My personal opinion is she can't change it on the b/c if she tries. 
She can call the kid whatever she wants privately, though you can even
contest that in court, if you can prove it, but any time she needs to
provide a birth certificate, which is real often these days, guess
Subject: Re: Child name change
From: irlandes-ga on 05 Apr 2006 20:07 PDT
Because I obviously can't see the court order, there is no way to be
sure.  However, most court orders by judges are indeed final orders,
and to change them, there has to be a new court action taken, which
means they have to notify you.

However, there is a strong legal concept, called res judicata, let the
judgement rest. One has to show a really good reason to change a
previous order, and in this case, that would be an uphill battle.

if you are really worried, spend the money to ask a local attorney.
Otherwise, don't worry about it.

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