Legal Question in Family Law in Tennessee

Re: when a child has a different last name, and wants to obtain the correct name

Probably the best approach would be for you and your husband to jointly go to juvenile court to clearly and cleanly establish paternity and to then get a court order for a new birth certificate.

Re: when a child has a different last name, and wants to obtain the correct name

While your answer did not state what steps you've taken to assert your husband's paternity, doing so is prudent. Under certain circumstances this can be done without genetic testing. Genetic testing, however, is advisable. Such an action will settle with finality all issues, including the child's name and which "father" has rights and responsibilities for the child. This can be a complicated and troublesome area of family law. Discussing the specific facts, dates and relevant information with an attorney is a good investment in your child's future.

Re: when a child has a different last name, and wants to obtain the correct name

If your paternity action is still open (that is, has not been dismissed), join your husband as a defendant, have him admit paternity, have paternity tests done, and submit an Order to the court finding he is the natural father of your child and ordering a name change and the issuance of a new birth certificate in the correct name. Submit a certified copy of the Order to the Department of Vital Statistics, following their instructions, to obtain a new birth certificate.