I have never been married to my daughter's father. He was not around to sign the birth certificate or paternity acknowledgement at the hospital. It is now 4yrs later and he signed a PA form. She has my surname now and it is on the PA form. Can we change it to his? Or do we have to be married since we already submitted the intial PA form with my surname listed for my daughter?
Criminal Defense Attorney
You would have to file a petition with the court, but especially if he is in agreement, you should be able to get a judge to agree to a name change.
Family Law Attorney
You will have to file a formal Petition for Name Change in Court to effectuate this change. You would need to file in the same county that your Paternity Acknowledgement was filed and established.
Where was the Order establishing paternity issued? If he is consenting to the change, then it will be relatively straight-forward. I suggest you contact an attorney for a private consultation to discuss the costs of such an action.