Legal Question in Family Law in Indiana
hello i have 5 years old daughter her father and were never married he hasnt see her or support her for the last 3 years he did sign the birth certificate and she have my last name first and then his now i would like to know if i cant take his last name off the birth certificate and have her custody thank you and god bless you
Asked on 12/18/09, 3:39 pm
1 Answer from Attorneys
Jay Rigdon
Rockhill Pinnick LLP
No, you can't. Father is father until he consents to adoption by another father. If you're just looking to change the name, you can petition the court for that, but it is the court's decision, and would not affect any of his parental rights.
Please hire your own attorney or contact the prosecutor's office in your county about collecting child support. Your daughter deserves that.
Good luck.
Answered on 12/30/09, 11:03 am