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wife registered son in maiden name
#1
can anyone help?
me and my wife split when she was pregnant, once our son was born she registered him in her maiden name knowing full well that if our son don't have my.and our married surname the surname dies with me as I'm the Last male in the bloodline,we ain't divorced yet and it was done maliciously as I got a text saying he is our family now and nothing to do with yours , does anyone know what my chances are of his surname being changed to mine? Thanks
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#2
(04-17-2016, 07:06 AM)leew845 Wrote: can anyone help?
me and my wife split when she was pregnant, once our son was born she registered him in her maiden name knowing full well that if our son don't have my.and our married surname the surname dies with me as I'm the Last male in the bloodline,we ain't divorced yet and it was done maliciously as I got a text saying he is our family now and nothing to do with yours , does anyone know what my chances are of his surname being changed to mine? Thanks

The fact that you was still married at time of birth gave you Parental Responsibility automatically.

Legally, she needed your permission to use any other surname, or a court order in advance of doing it.

You need to go to court to get it changed, and the fact that she done it without your consent or that of a court will not look good for her.

The "nothing to do with yours" suggests to me you might have issues over contact, so I would also write to her outlining what you expect. (Due to the young age, 1 day each week is the normal), but once the baby is older, staying contact every 2 weeks and half school holidays is normal, if it fits in with your commitments. Give her 14 days to respond, then you might have to use Mediation if you both can not agree things. You need a letter from Mediation, to say other did not attend or it reached deadlock, before you can go to court, unless there is any child protection or domestic violence issues.

Child Support is linked to time a child is with you on staying contact, as your deemed to be supporting the child in that time as well as your ability to pay, so you need formal arrangements you can prove (letter, Mediation or Court) before committing to any set amount (what will change if you get staying contact), but you should help out pending arrangments being confirmed if your able to.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#3
Thanks for the reply, I have gone to court and they have ordered a contact centre to rebond with my son , and adjourned the case for 8 weeks and asked us both to write our reasons for a name change down , what I'm asking is was she entitled to register him in her maiden name without my convent because we are married, but separated, thanks .
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#4
Is she still using her married name, or has she reverted to her maiden name by deed poll?
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#5
(04-17-2016, 08:03 AM)leew845 Wrote: Thanks for the reply, I have gone to court and they have ordered a contact centre to rebond with my son , and adjourned the case for 8 weeks and asked us both to write our reasons for a name change down , what I'm asking is was she entitled to register him in her maiden name without my convent because we are married, but separated, thanks .

You should get a copy of the birth certificate. The reason for this, is to check your date of marrige is recorded on the forms.

She might be breaking the law, if she has claimed single at time of birth, in an attempt to stop you getting PR automaticly.

If she has mislead the registory office and/or not had any conversation with you before doing it, state this in your statement.

Are you accepting contact centre or is this due to unproved alligations? If it is and you want help putting a defence together post here.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#6
She says I'm on the birth certificate but I've never seen it, I dont know if she's reverted to her maiden name by deed poll my guess is she hasn't, my contact at the center is only to rebond as she stopped me seeing him for no other reason that husband and wife dont get along , do I ask for a full surname change to mine and our married name or should I go cautiously and ask for a hyphenated name with our married name at the end? Thanks guys

Sorry Norfolk and good , she's using her maiden name but I don't think she has legally changed it by deed poll
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#7
I think if she's informally using her maiden name then she's on dodgy ground registering the birth in her name. According to information I found on the government web site you should be named on the BC as you are still legally married.

You can get a copy of the BC from the place where your child was registered if you want to verify it for yourself and the mum is reluctant or unwilling to let you see her copy of it. If you do this you'll need to ask for a copy of the full certificate as this is the one which contains the names of the parents. The short version only gives basic details that the child is registered.
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#8
Ah right ok thanks for that , do you know any sites where I could confirm she cant unofficially use her maiden name to register our son ? Cheers mate
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#9
Regardless of what name is in use by her, it's the fact they was still married on the day.

I checked it on dot gov website, can not link to it as now at work on my phone
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
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#10
(04-17-2016, 09:06 AM)leew845 Wrote: Ah right ok thanks for that , do you know any sites where I could confirm she cant unofficially use her maiden name to register our son ? Cheers mate

I couldn't find anything stating she couldn't do it, but as you are married you should be on the birth certificate, and from that, protocol would dictate he carries your surname. Although your ex may be unofficially using her maiden name, this isn't a legal recognition in terms of dealing with officialdom.

More information here.....  https://www.gov.uk/register-birth/overview
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