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Unmarried single parent living in WA state required to file termination of parental rights papers against biological father

Asked over 3 years ago - Monroe, WA

I live in the state of washington and have a 4 1/2 yr old son. I was never married to his biological parent and was under the impression since we were not married, I have sole and legal custody of my son. Since I am his natural mother. Is this true? If so why do i still need termination of parental rights papers in order to change my son's last name to what he thinks it is. My last name?

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Dave Hawkins

Reputation Level 15

Answered over 3 years ago. Child Custody Lawyer in Seattle, WA.

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If your child is 4 1/2 years old, an affidavit of parternity was probably signed at the hospital which grants the Father parental rights, but not custodial rights. Even if he was not present, there still has to be a Father out there and paternity of the child needs to be established -- it doesn't matter if you were married or not, a Father still exists.If you indentified your child by giving him the Father's last name on the birth certificate, that is evidence of paternity which blocks you from changing his name without the Father's consent.

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