Re: Changing my son's last name?

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We were never married and he did not sign the birth certificate
because he didn't have his wallet and never went back up to the
hospital. We did have a paternity test done. He did not sign
over his rights, he gave up all of his custody and visitation.
He still has rights, just no kind of custody or visitation at
all. He wanted to give up his rights but the lady at the court
told him he couldn't do that. She said they had to be taken
from him. So he gave up all custody that he had, which was only
legal custody shared with me and my father, and his visitation.
I'm assuming that because he has no legal custody anymore, he
has no say in a legal matter like changing my son's last name.
But people have told me that doesn't matter because he still
has rights. One of the reasons he said he was doing this was so
I could change my son's last name. I should have done the
paperwork that day, just in case I did need his name on
anything, he would have already been there. I haven't talked to
him since that day and I know if I do need him to sign any
papers it will be like pulling teeth to get him to do it. But I
am hoping I don't need him to sign anything. Thanks! :)

On 6/11/07, sharwinston wrote:
> Need more info:
> Were you were married to biodad?
> Did biodad sign the birth certificate?
> Did biodad do anything to legally establish his paternity to
> the child?
> If not, biodad has no rights whatsoever to the child and you
> can change the child's name to anything you want. You do not
> need anyone's permission except the State's permission to
> change a vital statistic and that is done by filing an
> application, etc.
>
> fyi: A biodad does not simply "sign over" rights to a child.
> Only a court can terminate parental rights and only after
> parental rights are first legally established.
>
> On 6/09/07, Dawn wrote:
>> Okay here is my situation: My son is 5 years old. His
>> father was around for the first 2 1/2 years then we split
>> up. My son's last name is hyphynated. My last name then his
>> father's last name. After we slipt up he didn't have very
>> much to do with my son due to the new girl he is with. Last
>> May he started talking about wanting to sign over his
>> rights because he was tired of not being able to see his
>> son. The thing is, I never told him he couldn't see his
>> son. I just wanted 24 hours notice. That wasn't good
>> enough. He wanted to be able to call me when he was around
>> the cornor from my house and tell me to bring his son
>> outside she he could see him for 10 mins. So, June of last
>> year he gave up all of his custody. He pays no child
>> support, has no visitation, and no custody. Now I want to
>> take off his father's last name because I don't feel that
>> he should have to walk around with the last name of a guy
>> that he doesn't have anything to do with or even know for
>> that matter. My son has only one memory of his father and
>> that is when he spit in my face. That is the ONLY thing my
>> son remembers about him. We live in Virginia and my
>> question is this, do I have to get his permission to change
>> my son's last name? I have heard that since he still has
>> rights that I will have to have his permission but then
>> other people have told me that since he has no custody I
>> won't have to have his permission. ANy advice would be
>> helpful. Thanks!