Is your girlfriend divorcing her Husband? If they are separated and you have acknowledged paternity of the child and her Husband is not contesting it, you should be able to petition to change the child’s name, you may also need to do a legitimation proceeding before you are able to do this.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Hello Helen, and thank you for taking the time to respond to me. My girlfriend (who is now my wife) was single at the time, she retained her ex-husband’s last name customarily. I know the whole thing is awful, thankfully we are all now, believe it or not, on excellent speaking terms and very friendly–all for the sake of the kids involved. This is one of the last things unresolved. The blood test I took at DSS when I applied to pay child support to my girlfriend prior to our being married verified that I was my daughter’s father.
Because you have not married legitimation is not necessary. I believe you can apply for a name change using the special proceedings court. You should contact the clerk of court in your county for more information.
P.S. Please feel free to bring up this or any other topic on our live call-in show every Wednesday at 11:00 a.m. EST. Visit radio.rosen.com/live for details
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax
Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044
Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
My daughter was born while I was still married, but legally separated. She was conceived after I was legally separated. When she was born, she had to take my then-girlfriend’s last name, which was her ex-husband’s last name. Needless to say, it makes me sick to have my daughter’s last name (she is mine, the blood test confirmed it) be that of my now wife’s ex-husband. I want to change it, but an attorney told me it would take an act of Congress to do so?