Legal Question in Family Law in West Virginia

Re: child's last name

Establishing paternity is one thing. Changing the child's name is quite another. And it has nothing to do with your paternity of the child being established.

The child was born to an unmarried woman. As a matter of the law, and in the eyes of the law, the child had only one parent: the mother. And she was in full control and had 100% decision-making authority. The sperm donor (you), was just that and nothing more. In the eyes of the law, biological paternity carries no legal right (except, as you are now doing, the right to seek to have yourself declared as being the child's "LEGAL" father, based on the factual evidence of biological paternity.

But the fact that legal paternity is now being established is by itself not a basis for changing the name of the child. The mother has already given the child a name of her choosing, as she had every right to do. The fact that you would prefer a different name is not a basis on which a court would order a change of name, at least not without the mother's consent (which she is under no obligation to give).

Once you have been declared as being the legal father of the child, you can then petition the court for an order changing the child's name. Notice of the reqested change of name must be served on the other parent (the mother) and she will be given a reasonable period in which to notify you and the court of her objections. The court will then schedule a court hearing, at which time the judge will consider your arguments for the change of name and consider her objections.

If all you offer to the judge in support of your request is what you have presented here, all I can say is "good luck." In the absence of some compelling reason to do so (which you are not coming up with), the judge will conclude that there is no sufficient legal basis on which the order (over the objection of the other parent) that the child's existing name be changed.

LAWRENCE D. GORIN

http://www.divorcesource.com/OR/pages/ldgorin.html

Law Offices of L.D. Gorin

521 S.W. Clay St., Suite 205

Portland, Oregon 97201

Telephone: 503.224.8884

Fax: 503.226.1321

E-mail: [email protected]