I agreed to change my sons name in mediation but never signed a document do I have to do it?

I was never married to the father of my child. He didn't sign the birthcertificate at birth. He has already been proven the father, is paying child support and has set visitation (we did this through mediation.) We discussed at the mediation that he wanted the baby to have his last name and I wouldn't agree, but then we agreed to have both last names, even though I did not want to agree. When I received my documents in the mail after they went through court I was searching to find where it said I had to change the name. IT WAS NO WHERE. I never signed a document saying that I agreed to change the name and it was not brought up in any of the parenting plan. Now several months have gone by and I really know I do not want my child to have the fathers last name. Now the father is saying he is going to take me back to court so the child will not have my last name at all. Since I did not sign any papers about a name change will I have to change my childs name?

I do not believe you have to change the name now. However, entering into a verbal contract with him during mediations, that is a little unfair on his side. He may attempt to bring you to court, at which case you will have to prove that the verbal agreement under duress for some reason. If you say you did not want to, what is your reason? If you can make a good case for why you would agree to that even if you didn't want it, then you may have a chance if he brings it up.

He will take you back to court and the courts will decide. In all likelihood...since he is on the certificate and mediation previously dictated the dual name, then your son will probably legally have to have both names.

Ethically (and legally) you made a verbal agreement to change your child's name. You would expect the baby's father to abide by any verbal agreements he made during mediation wouldn't you? Your question stated "my child" but it's his child also. He's doing the right thing by paying child support and wanting to be in the child's life with visitation. Why agree to the naming bit if you would not want to do so? The child can change his name when he's older if *he* does not want the father's name.

Even tho you didnt sign seperate document agreeing to it, you agreed during mediation to accept everything discussed and agreed to including the name issue, you dont get line item veto on court matteres if you dont do what you verbally agreed in the mediation then your basicly violating the court agreement which means anything he doesnt feel like doing he would be free from also,since you renigged on the deal,starting with child support, no reason he should keep up his agreement since you have broken the mediated deal.Anything recorded as settled on during the mediation is binding.no seperatedocument for stuff you know you agreed to is needed.You are in danger of breaching your own mediation agreement which could have serious implications on your further court hearings or potentially even your rights to custody or support.So if you agreed to do it you are obligated to follow thru,same as he is on the stuff he agreed to,otherwise expect to be back in court with a judge deciding everything rather than a friendly mediation,and you'll be the parent that looks bad in the courts eyes when they assess child support and custody.