i have two babys by the same guy- the children have my last name and the father is not on the birth certificate and has no rights. i have full custody. i am filing for child support and was wondering if i will have to change their last names to his when he starts paying the child support? i dont think i do, but his father says the state will do it with or without my permission. this sounds ridiculious to me! if he has no rights and i have full custody wouldent i have to change their names? not him? i live in minnesota. thanks. p.s. i dont want their names changed.
2006-09-12 06:05:22 · 11 answers · asked by Anonymous in Pregnancy & Parenting ➔ Other - Pregnancy & Parenting
i live in minnesota. and the father has no rights as of now because paternaty has not been established. and he has not given up custody because since my kids were born i have had full custody.
2006-09-12 09:05:29 · update #1
No, the children are safe in keeping their last name.
Just because he may start paying child support that does not give him legal rights to the children. Name changes for children are filed by the legal guardian on behalf of the said child.
The state has no viable reason for the name change.
Sounds like he may be trying to freak you out so you don't go through with it.
Edited to add:
Once he does start paying child support that may be enough to "establish parentage" in the eyes of the state. You may want to contact the state child support division to find out. If it is, and you have a justifiable reason for the children not seeing him, get a court order. He can have his parental rights refused.
2006-09-12 06:14:05 · answer #1 · answered by kellbell_62084 2 · 0⤊ 0⤋
He does have rights....he is the father!!! If you are asking for child support you need to be prepared for him to want visitation and all the things that go with being a dad. I don't know if the state will make you change the last name or not, but my brother found out he had a son that was 4 years old and after the DNA test the child's last name was changed....I don't know if that was part of the agreement between him and the mom or if it was allowed by the state (Texas).
2006-09-12 13:35:47 · answer #2 · answered by vickyc76 2 · 0⤊ 0⤋
Im pretty sure you're the only one that can allow that to happen. The state cannot change a persons last name by force.
You do know though, once he start paying child support, he DOES have rights to see his children!! Keep that in mind.
2006-09-12 13:11:54 · answer #3 · answered by ? 5 · 0⤊ 0⤋
Depending on what state you live in you may have to let the father share custody - however, you will not have to change their name to get money out of Mr. Deadbeat!
Congrats - and way to plan ahead.
2006-09-12 13:11:32 · answer #4 · answered by theprincesskgb 2 · 0⤊ 0⤋
if u have full custody, he MAY not have to pay child support. stupid, but fact. no one can change their names but the parents. this is going to be long road, especially because he isn't laying claim to the kids. good luck, i commend you for trying to raise your children well. p.s. just because he pays DOES NOT mean he will have rights to the kids. it depends on his situation. if he is found to be unfit, you still have sole custody. he may get monitored visitation. again, it depends on if he wants custody/visitation and if he is found fit.
2006-09-12 13:13:15 · answer #5 · answered by Crazymom 6 · 0⤊ 0⤋
i guess it depends on what state you live in. my sister has a little girl, with her last name and the only thing she had to do was prove that he is the father, with a blood test. they can NOT make you change your kids last names!
2006-09-12 13:11:22 · answer #6 · answered by tnmomof2as 3 · 0⤊ 0⤋
No, they will not and cannot change their names. You have nothing to worry about on that one.
One thing to consider. If he has no rights, he will when he starts paying child support. Every other weekend (or whatever your lawyers decide) he will get to have them.
2006-09-12 13:11:49 · answer #7 · answered by Answer Schmancer 5 · 0⤊ 0⤋
Has he given up all rights to them? If so then I have always heard that they wouldnt have to pay child support.
2006-09-12 13:18:37 · answer #8 · answered by lil_momma1121 1 · 0⤊ 0⤋
You don't have to change anything and neither will the state. That doesn' mean anything. They will just make him pay up.
2006-09-12 13:10:33 · answer #9 · answered by Anonymous · 0⤊ 0⤋
You don't have to change anything! Just stick to the plan. He's gotta be held accountable.
2006-09-12 13:13:25 · answer #10 · answered by John_n_Tracy 1 · 0⤊ 0⤋