My daughter has a 6 week old baby. Not married to the father. He wanted nothing to do with her or the baby throughout the pregnancy and forced a paternity test. Refused to sign the birth certificate. Hasn't paid any support. Now wants his name on the birth certificate. Can they force my daughter to change his last name if they were never married?
2006-07-10 01:10:34 · 28 answers · asked by romance9398 2 in Family & Relationships ➔ Other - Family & Relationships
I'm asking from a legal standpoint. Can they or will a court force her to give him his last name. She doesn't feel like he deserves it.
2006-07-10 01:14:18 · update #1
We do intend to take him to court for child support. Thanks for the answers.
2006-07-10 01:15:17 · update #2
Luv_poetic, we see this baby as nothing but a blessing. We love him very much. As for what I would have done if the tables were turned....I would have made sure I was a part of the child's life whether I knew for sure that it was my son's or not. And then if not, I would have dealt with that. They wanted nothing to do with my daughter or this baby the whole pregnancy.
2006-07-10 04:07:36 · update #3
Your daughter chooses whether or not to name the baby with her last name or his. Even if his name is on the birth certificate, the baby doesn't have to have his last name. He's not married to your daughter, so he can bite it on that one.
However, if his name IS on the birth certificate and/or paternity testing has come back positive that he's the father, he MUST, by law, pay child support. She needs to run, not walk, to the Division of Child Support Enforcement run by your local Department of Social Services and have his butt ordered to pay child support for this child. She should also IMMEDIATELY file for full legal custody of the child (to avoid him having joint custody with her.) She should be able to do this through Juvenile and Domestic Relations Court in your local jurisdiction.
Sadly, she will likely have to allow him visitation, but I'd wait until he files for it (IF he does) and if he misses appointments or does ANYTHING wrong during those visits, she needs to keep track of it so she can go back and have his visitation supervised, minimized or removed.
Keep in mind that if he's not a TOTAL loser, it is possible that he could actually bond with the baby and become a decent parent. Stranger things have happened.
To all young readers, please never have sex with someone that you don't want to spend the rest of your life with, because married or not, if you wind up making a baby together, you're blood related for the rest of that child's life.
2006-07-10 01:19:29 · answer #1 · answered by thegirlwholovedbrains 6 · 2⤊ 0⤋
No your daughter does not have to give her baby his last name, even if they were married. What she puts on the birth certificate is what the baby's name is. Legally there is nothing that he can do about the last name she gave the baby at birth. As far as adding his name to the birth certificate, that could be done if your daughter wanted, but she could also add the stipulation that her baby's last name remain the same as she has it now. However I would not even put his name on the birth certificate, since he has not done anything for her or the baby. Not even after the baby was born. I hope this helps.... Good Luck and congratulations on being a new grandmaw and to your daughter for being a new mom!
2006-07-10 01:19:23 · answer #2 · answered by Fantasy Kel 3 · 0⤊ 0⤋
If they were to marry technically the baby does have to take the last name but why would you not want the baby to have his last name? The baby did not ask to be brought into this world but yet we make all excuses in the world why the baby should not be here. I do understand your frustration in the whole matter but if he was doing right by your daughter, the baby and "your" standards would you let him have the last name? Your daughter made the decision to lay down with this man, make a baby and now she has produced a child; why all the fuss now? Men are sometimes ignorant, childish, stupid, dumb, and irresponsible but do not punish the baby by not having thier father's last name. But just think if the shoe was on the other foot how would your family feel it that was your son and his girlfriend/friend/wife?
Also outside of child support please allow the father to see his child even if its supervised visitation, having a father in a child's life is very important. My nephew's dad is in and out of his life by choice but my he's 10 now he doesn't even know his father exist. It is this way because his dad made it that way now its affecting my nephew in a lot of both positive and negative ways.
But this is my opinion in the matter, just wanted to share.
2006-07-10 01:20:10 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If he didn't' sign the birth certificate then he cannot legally have the last name changed without the consent of the custodial parent. The paternity test only establishes that he either is or isn't the child's paternal father with respect to support and visitation obligations and rights.
2006-07-10 01:14:07 · answer #4 · answered by fun_guy_otown 6 · 0⤊ 0⤋
No. And at least in NY if the parents aren't married and the mother and/or father want his name as the father on the BC there HAS to be a paternity test done. But if she already gave the child her last name he would have to petition the court and chances are, considering his attitude, he would not be able to have the babies last name changed.
Good luck. And I hope she takes him to court for support.
2006-07-10 01:14:16 · answer #5 · answered by FaerieWhings 7 · 0⤊ 0⤋
Actually no matter the state or country, if your daughter is not married to the father of the child, the mother can give the child her last name...I even know of a Mother who gave her child one name and one name only....he was named Donovan....now the child, once an adult, can change the given or Sir name to anything they want...sounds like you should distance yourself from this intellectually challenged person....it is bad enough that you and your daughter are connected to this person by the birth of the child....I am not sure who the "they" are that you are referring to but if this bird hastles you or your daughter just get a restraining order.........don't be intimidated by this JERK
2006-07-10 01:25:14 · answer #6 · answered by Anonymous · 0⤊ 0⤋
No, his name does not have to be on birth certificate, it is possible that if a paternity test is done that could change things..not sure ? and she can and should still take him to court and force him to pay child support.
I believe that you need legal advice for your state...Call the child support division..the district attorneys office, where they go after parents for child support...
Congratulations on being a Grandparent. Wish all of you the best.
2006-07-10 01:19:51 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Totally understand. It is your choice. They prefer the child to have moms last name if the parentals aren't married anyway. He can't do anything if he's not on the birth certificate.
2016-03-26 23:31:36 · answer #8 · answered by Anonymous · 0⤊ 0⤋
No, absolutely not.....he refused to sign the birth certificate....doesn't pay child support....he has no claim on the child. Get an attorney, sue him for child support.....see what can be done about making him sign over paternity rights......he's a jerk of the worst kind
2006-07-10 01:15:29 · answer #9 · answered by honey_bear_21_1999 4 · 0⤊ 0⤋
in the philippines, as long as the father don't sign any documents regarding this, the baby can't bring his last name. anyway, you wants to use the father's last name if he doesn't have the decency enough to be responsible. i mean the girl didn't get pregnant in the first place if he didn't stick his stuff out her business. and now that there's child he doesn't want to have anything to do with her. a child is a blessing! he should be ashamed of himself! one day, he will come looking for the child and it will be too late!
2006-07-10 01:16:58 · answer #10 · answered by frustrated and desperate! 1 · 0⤊ 0⤋