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Free Legal Advice Philippines » FREE LEGAL ADVICE » NAME AND SURNAME PROBLEMS » Change my daughter's surname

Change my daughter's surname

2 posters

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1Change my daughter's surname Empty Change my daughter's surname Sun Jun 11, 2017 3:07 pm

jilly


Arresto Menor

Hi po. ask ko lang. I am a single mom of a 4 year old. nasa apelido siya ng tatay niya and after birth. hindi na nagpakita yung tatay niya, walang financial support din. And I'm planning to take her out of the country for vacation but apparently I need to get his consent for that. Ano po kaya yung best way para mailipat ko nalang ung surname niya sa pangalan ko before siya magkaron ng permanent school records? thanks

2Change my daughter's surname Empty Re: Change my daughter's surname Sun Jun 11, 2017 3:25 pm

Jadis

Jadis
Reclusion Perpetua

Are you legally married to the father?

3Change my daughter's surname Empty Re: Change my daughter's surname Sun Jun 11, 2017 3:32 pm

jilly


Arresto Menor

Jadis wrote:Are you legally married to the father?

No. He acknowledged her in the birth certificate.

4Change my daughter's surname Empty Re: Change my daughter's surname Sun Jun 11, 2017 3:45 pm

Jadis

Jadis
Reclusion Perpetua

Travelling without the consent of the biological father is not an issue.

As to the change of surname, well since your child is acknowledged and you opted to exercise the right of your child to use the father's surname, that is not so easily changed.

You might have to go to court to change that. Another fullproof way is to adopt your own child to raise your daughter's status from illegitimate to legitimate. Then can your child have your surname without the chance of being denied the request for change of name.

5Change my daughter's surname Empty Re: Change my daughter's surname Sun Jun 11, 2017 3:54 pm

jilly


Arresto Menor

Would it not be an issue if we travel overseas?
Or else would it help if i acquire an affidavit from the father re:voluntary termination of parental rights?

6Change my daughter's surname Empty Re: Change my daughter's surname Sun Jun 11, 2017 3:56 pm

Jadis

Jadis
Reclusion Perpetua

No. The biological father of an illegitimate child has no right to custody. Sole custody belongs to the mother.

7Change my daughter's surname Empty Re: Change my daughter's surname Sun Jun 11, 2017 3:57 pm

jilly


Arresto Menor

Even if he did acknowledge the kid?

8Change my daughter's surname Empty Re: Change my daughter's surname Sun Jun 11, 2017 4:06 pm

Jadis

Jadis
Reclusion Perpetua

Yes. The acknowledgement of the child is just proof of paternity. It would give the child the right to use the father's surname, to demand support and to inherit without having to prove paternity in court.

9Change my daughter's surname Empty Re: Change my daughter's surname Sun Jun 11, 2017 4:09 pm

jilly


Arresto Menor

Would it not be difficult for us to travel since we dont share the same surname and she is a minor

10Change my daughter's surname Empty Re: Change my daughter's surname Sun Jun 11, 2017 4:14 pm

Jadis

Jadis
Reclusion Perpetua

Have you even tried? Don't create obstacles that are not even there. The child is illegitimate. The father's consent to travel is not needed because in the first place he has no right to custody. All you need is the birth certificate to show that you are the mother.

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