Legal Question in Family Law in California
She gave the child another man's name
Please, please help me.
My best friend has a 7 year old. He had a relationship with a woman and she
did not tell him she was pregnant. They went their separate ways and he
eventually found out he had a 3 month old. She claims she was in 'denial.'
He has taken care of the child ever since she decided to tell him he had one.
My friend is NOT on the birth certificate and she gave the child another man's
name so it would appear that all of her kids had one father.
He has tried and tried and tried everything we can possibly think of. She
won't sign anything BUT when he took her to mediation, she DID sign the
paper saying he was the biological father.
Any advice?
Thank you!
1 Answer from Attorneys
Re: She gave the child another man's name
He should file a paternity suit and obtain a dna test to verify that it is his child. Once he has obtained a judgment and established a relationship with the child he can revisit the name issue. However it may be very difficult to get the court to order the child's name be changed.