Legal Question in Family Law in Wisconsin

legally changing a baby's last name

my son and a girl were dating. after the breakup they did not see each other. The girl, 15 months later takes my son to court for child support. Son was surprised. The girl never even told him she was pregnant. Now the baby's mom says yes they can give the baby my sons last name. How can they do this leagally without the cost of an attorney.


Asked on 7/20/07, 11:09 pm

1 Answer from Attorneys

Thomas Olson David F. Gram & Associates, LLC

Re: legally changing a baby's last name

In a paternity case the court can change the baby's name as set forth in WI. Stat. 767.89 as follows:

"(3m) CHANGE OF CHILD�S NAME. (a) Upon the request of both parents, the court shall include in the judgment or order determining paternity an order changing the name of the child to a name

agreed upon by the parents.

(b) Except as provided in par. (a), the court may include in the judgment or order determining paternity an order changing the surname of the child to a surname that consists of the surnames of both parents separated by a hyphen or, if one or both parents have more than one surname, of one of the surnames of each parent separated

by a hyphen, if all of the following apply:

1. Only one parent requests that the child�s name be changed, or both parents request that the child�s name be changed but each parent requests a different name change.

2. The court finds that such a name change is in the child�s best interest.

(c) Section 786.36 does not apply to a name change under this subsection."

It is not required that either party to a paternity action have an attorney, but certainly your son should consult an attorney about his rights and obligations.

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Answered on 7/21/07, 11:56 am


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