Legal Question in Family Law in Mississippi

No rights

For the past 4 years my daughter had resided with my husband and I Her birth father pays child support occasionally it was ordered by DNA test He has never been added to the birth certificate

and has no legal rights to her

Can I have her last name changed to mine with out informing him? He is in objection to this eventhough it is my maiden name she has?

My husband would also like to be on the birth certificate

does he even have parental rights if he wasnt on the birth cert.? She wants to have the same last name as her brother and sister. When I try to talk to the X about it he threatens to change her last name to his. Also if he has stopped visitation for almost 6 months and has no ordered visitation but only threaten me with taking me to court to get visitation do I have to let her see him.

ok and about how much would the name change cost?


Asked on 12/18/06, 7:46 pm

1 Answer from Attorneys

Mary Milek Milek Law Firm

Has rights

Q. Can I have her last name changed to mine with out informing him?

A. No, see the last answer.

Q. He is in objection to this eventhough it is my maiden name she has?

A. He has that right, this is his child also.

Q. My husband would also like to be on the birth certificate

A. Then he should adopt her.

Q. does he even have parental rights if he wasnt on the birth cert.?

A. He has a DNA test and has paid some support. He does have rights.

Q. She wants to have the same last name as her brother and sister.

A. Is this what she wants or what you want?

Q. When I try to talk to the X about it he threatens to change her last name to his

A. He has every right to have her name changed to his.

Q. Also if he has stopped visitation for almost 6 months and has no ordered visitation but only threaten me with taking me to court to get visitation do I have to let her see him.

A. Well, you will not be in contempt, but if he takes you to court, he will get the visitation and a standard schedule also. I would imagine, at this time he will want the name changed also.

Q. ok and about how much would the name change cost?

A. Well first you will need the biological father to sign a notarized affidavit that it is just dandy with him. Can you get that?

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Answered on 12/18/06, 11:25 pm


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