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? asked in Politics & GovernmentLaw & Ethics · 1 decade ago

Why does it matter if he wants it or not!?

my sister is enrolling her daughter, allie, in school but is in the process of changing Allie's last name. Allie has her father's last name, but her father is not on the birth certificate. He hasn't signed up his rights but he never sees her, he doesn't pay child support nor have they ever filed for it, and he is a wanted felon. Now the problem is, my sister's lawyer says he has to have the father's consent to change her daughter's last name! why?!

Update:

father's rights belong to father's that actually want something to do with their kid. She told my sister she doesn't want his last name she wants her mom's last name. and the reason my sister wants to change it is because where they live is a small town and his last name has a bad reputation that EVERYONE knows about

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  • Anonymous
    1 decade ago
    Favorite Answer

    This is all puzzling.

    Allie has her father's last name, but her father is not on the birth certificate, yes?

    How then if: (your words)>>>"He hasn't signed up his rights but he never sees her, he doesn't pay child support nor have they ever filed for it," does anyone know that he is the father?

    Next point:"he is a wanted felon"

    So now we have a child who has no father on her birth certificate, a man who is not her father legally, and who is an absconder, and the lawyer says that this nonexistent man's consent is needed to change a child's name?

    Why not ask me for my consent?

    Or the Pope?

    Or Prince Charles?

    Suggest you get yourself another lawyer.

  • Anonymous
    1 decade ago

    I do not think you have given us all the facts. If the child's father is not on the birth certificate, how is the child using his family name?. If he is not recorded as being the father, the mother can use her name. I would not complicate the matter by even thinking about the use of the fathers name. Just enroll the child as. for example, Mary Ann, Mothers maiden name. There is no problem as long as she has not been registered as Mary Ann Fathers Name on any official documents..

    For crying out loud, what is the matter with some of you guys, If the kids father is not on the birth registration documents, how the hell does anyone know who the father is?? So the mother can use her name. But if the fathers name is on the form then the mother has to decide which name to use, AND AND AND, do you understand that 3 letter word, she can use whatever name she wants for the child. And if any lawyer tells her she cant, report him to the Law A Society for that state. Please show me were it is written that the child has to have the fathers name. This is the USA, not some third world country, our women have choices.And the kids are not the property of the father. You have to keep this in mind, we are told the father of this child is not on the birth registration papers, so who know who he is?

  • 1 decade ago

    Because he is the father? The father has as much rights to decide what is beast for the child as the mother. In many states, you can't change a child's name against the father's will without a court hearing.

    You describe compelling reasons that exceptions should be made in this case. The thing is, the court doesn't know all of this. For all the court knows, he lived with the child until a week ago, and pays for everything for the child. If the court clerk just took your word for all of this without evidence and a hearing, it would effectively erase the rights of lots of hardworking fathers who are actively involved in the kid's life.

    There is probably some procedure whereby you can go to court and argue that the court should change the child's name without the father's consent.

  • 1 decade ago

    Because, unknown to you, it sounds like he has parental control rights.

    Even if he doesn't see her, et al, I personally believe the child's last name should not be changed until the child is old enough to decide for themselves...

    Source(s): Pro-Fathers' rights
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