Legal Question in Family Law in Washington

Can mom name birth child any last name? My son was married at the time when his wife had their child. She wouldn't let my son be at the hospital when she gave birth and she named child with the last name of man she is now married to. DNA test were performed and my son is the father. He has always faithfully paid child support and she will not let him know how his child is doing. Surely there is some kind of help he can get, right?


Asked on 8/23/10, 12:42 am

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

You are correct, there is a lot your son can do. First, he should hire an experienced family law attorney who handles paternity actions. That attorney will prepare, file, and have the mother served with a paternity suit, that will ultimately establish custody orders (known as a parenting plan) that will guarantee your son visitation rights to his child. It will also allow him access to the child's medical and educational records, and decision making authority (shared) with the mother.

Depending on how old the child is, your son may only be allowed supervised visitation initially to ensure the child adjusts to his presence in a minimally emotionally disruptive manner. Eventually though, provided there are no concerns about your son (things like drug use, domestic violence, criminal convictions, or substance abuse issues to name the common ones), then he'll move onto to something that probably entails alternating weekend visits, alternating major holidays, vacation time, etc.

Last, as part of the final orders in the case, the child's name will likely be changed to a hyphenation of the mother's maiden name and the father's last name. That's very common. Best of luck to you!

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Answered on 8/28/10, 1:27 am


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