He wasn't there for my pregnancy or the birth. 5 months later he has decided he wants to be involved. His way of going about this is to take me to court. He is requesting joint legal custody and for me to change my sons last name. Sounds a bit arcaic (sp?) to me.
2006-12-27 10:45:12 · 10 answers · asked by Sasha 2 in Pregnancy & Parenting ➔ Newborn & Baby
Not that I have ever heard. I think that if he wasn't there before, why should he now get to decide to come in and be a part of the child's life? You have been taking care of your baby and you should have the say. Besides, if the parents are not married, they ask the mother in the hospital what the baby's last name will be and the father has no say in it. You stick to your guns. Who knows, if he wasn't there before, who is to say that he will be there in the future. Maybe he wants to try to prove something but chances are if he didn't care before, it is just a control issue. Good luck to you and I hope things work out for you.
2006-12-27 10:51:53 · answer #1 · answered by carmadsmom 2 · 0⤊ 0⤋
State by state it varied on the rules. In WA state they allow for the fight of last names for 16months or somehting similar to that. He can fight you for the change in the name but as long as you explain that he wasn't there when you decided on the name and that just because he randomly has decided hat it is now convenient for him to be a dad doesn't mean that you should have to go through all the work of changing his name, plus it means a lot to you to keep his name how it is. He does have the right to sk for it but that doesn't mean he will get his way. As far as the custody goes he does have a right to at least visitation since he is the father. The court will determine each case. Is there someone who can loan you money (or do you have it) for an attorney? It would be a lot easier on you if you got an atorney to handle it, plus you have a higher chance of getting what you want with one. Also in a lot of areas there are attorneys that will give you a free consultation, you are under no obligation to hire them but they will give you some advice.
2006-12-27 10:53:13 · answer #2 · answered by ADragonsGoddess 3 · 0⤊ 0⤋
Sadly yes he can change the name. I had a friend go through this recently. The father payed child support and had visitation rights and took her court and the judge told the woman she had 6 months to change the name. Well the woman didnt change the name and the father went to the social security board and changed it for him. The woman was shocked but by law it was changed. Good Luck
2006-12-27 10:51:39 · answer #3 · answered by Kendra M 2 · 0⤊ 0⤋
It varies from state to state, but most states don't force a name change. For the gentleman to have any leg to stand on he will need to prove he is a responsible, support paying parent. Men tend to say things like this to upset or wound, and when it comes down to it, often don't follow through, as it involves a responsibilty they have already shirked. If however he proves worthy, even if its a little late, try to work out as amicable an arrangement as possible.
2006-12-27 11:02:20 · answer #4 · answered by trishopesisters 3 · 0⤊ 0⤋
NOOOO, I'm from Ohio and my ex. was not there and he tried to convince me to change my child's last name to his and I told him no. I called my attorney and he said that the only way the name can be changed is if you choose to and it has to be a joint decision... Call any family practice attorney they all give a free legal consultation.
2006-12-27 10:49:41 · answer #5 · answered by Anonymous · 0⤊ 0⤋
No, you cant change the childs last name without both of the parents consent. (Excpetions being if the child is adopted or one of the parents is deceased)
Just a note - he does have the right to seek partial custody
2006-12-27 10:49:12 · answer #6 · answered by mand 5 · 0⤊ 0⤋
well after all he is the father of the baby although he didnt get involve alot at the beganning but its his child and he has all the right to change his last name.
2006-12-27 10:48:43 · answer #7 · answered by Anonymous · 0⤊ 1⤋
your son has the right to have both the name of the father ,and the mother .together if he wants
2006-12-27 10:53:30 · answer #8 · answered by Anonymous · 0⤊ 0⤋
If DNA says he is the biological father then he has the right to go the course
2006-12-27 10:48:00 · answer #9 · answered by Mystee_Rain 5 · 0⤊ 0⤋
No. He can't force you to change the name.
2006-12-27 10:53:22 · answer #10 · answered by Anonymous · 0⤊ 0⤋