Can an unmarried father change thier child's last name without the mother?

If your child has the mother's last name, and parentage has been established, the answer is yes.  You will want to read this entire page though, so that you do not fall for the nonsense that I was told in court about this.  I will show you ways to handle this without alot of fuss.

A child having a different last name is a common problem for unmarried fathers.  Fortunately, there is more than one way to get this fixed.

• You and the mother can go to the health department and both sign to make the change and create a new birth record;
• If you are in an active court case, you will want to ask the judge or magistrate to assist you in changing your child's last name.  They can and should help you;

• If your case is already over, and you didn't know to ask back then, or the judge or magistrate refused to help you, it isn't too late.  Simply go to your favorite Child Support Enforcement Agency and ask for Form-3029.  (Determination of Paternity)  This form is used  ONLY for Domestic and Juvenile orders.  You will need the judge or magistrate that handled your case to sign it before you submit it.

A bit of explanation is needed for each option.   If you choose the first method, the mother must consent to having the child's name changed.  This is the way most people are familiar and comfortable with, but you are in no way locked into doing things this way.

Should you ask the court to assist you, things should go smoothly.  When I went to Juvenile Court for two of my boys, however,  I asked the magistrate to help me change the last name of the younger son.  He told me that I needed the mother's approval and signature to get this done at the health department.  Investigating further, the higher levels of the health department also believed that the mother's consent was required to do this.  How wrong they were!

Last but not least, the Determination of Paternity.  Once you get this form and send it, along with a bit of documentation, to the Central Paternity Registry, your part is done.  Months later, your child will have a new birth record with your last name.  Imagine that!

Ohio Revised Code

Changing your child's last name to yours is not as difficult as some people would have you believe.  The law does provide for it.  An example of this can be found within section 3111.18 of the Ohio Revised Code, which states:

"As used in this section, “birth record” has the meaning given in section 3705.01 of the Revised Code".

"Upon the order of a court of this state or upon the request of a court of another state, the department of health shall prepare a new birth record consistent with the findings of the court and shall substitute the new record for the original birth record".

NOTICE:

*Any father wanting to add their name to their child's birth certificate, the Determination of paternity form is what you are looking for.