Legal Question in Family Law in Florida
Give our grandaughter our sons last name
Our son has a beautiful 5 year old daughter aho he has been wishy washy on giving her his last name, when confronting him about it he says he is thinking about it. Now his new wife is expecting and he is now asking the childs mother if he can pay less child support. She asked about changing the childs last name from hers to his, he said ok but hasent done anything about it. He is listed on the dna test reports as the alledged father and (she is his child) but her mother has her with her last name on the birth certif. And with s/s. Is there a simple form he and her mother can sign as she wants his name and we think her life will be less conplicated having her fathers name?We think its time to quit procrastinating and do what is right. Before she starts school this year. She answers to moms name wilcox and our name--name removed--depending if she is in trouble or not.
Thank you
don--name removed--
407-383-9127 cell
2 Answers from Attorneys
Re: Give our grandaughter our sons last name
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
First, your son has to decide to step up to the plate and give his child his name. If he does not want to do it, you cannot do it for him. If he does decide to give the child his name, he can sign an Affidavit of Paternity and then he can file a form to amend the birth record which can be found on the Department of Health website at: http://www.doh.state.fl.us/planning_eval/vital_statistics/DH_429_Application_to_Amend_a_Birth_Record_interactive.pdf
Good luck.
Scott R. Jay, Esq.
Re: Give our grandaughter our sons last name
He can go to the Bureau of Vital Statistics website and follow the instructions there. There is an affidavit of paternity he can sign if he hasn't already done so.
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