My daughter is 5 months pregnant.She is 18.She was living with the father of the baby,here at my home.She left him for another man.She now lives with my ex-husband.She has expressed to the father of the baby that she wants to give the baby her last name(my ex husbands)the father of the baby says its his right to have the baby take his name,and i agree.Is there any law about unborn children and last names? This is probably a weird question but i don't think that my daughter should to that to him and i think seeing how that baby is half his,that's his right.He is willing to go to court after the baby is born,for custody.She isnt making the wisest health choices,even though shes pregant.She smokes and lives in a house thats smoke filled,with so many people.We were just curious as to the rights he had.
2007-02-25 23:20:39 · 10 answers · asked by sassylilredhead4 1 in Politics & Government ➔ Law & Ethics
No he has no rights
2007-02-25 23:23:11 · answer #1 · answered by Elle J Morgan 6 · 0⤊ 2⤋
The boy in question has rights also IF he is the father. She is 18, that is a legal age, so tell her to hit the door and don't look back. There should be a DNA Test done to prove the boy is the father, and that will take care of a lot of issues. Why did you allow them to live together in your home? You are going to be the one raising the child, I suppose you know that, right? The boy does not have to wait until the baby is born to have her in court. IF he can prove that the child is his by the DNA test, and if she is going to live with her father and it is a bad situation to have the baby in, he will WIN Custody in a heartbeat. I got Custody of my daughter when she was 1 year old and I raised her until she got married and left home. This was a lot harder to do back then, than it is today, so fathers DO have rights, especially today.
2007-02-26 07:34:44 · answer #2 · answered by Ex Head 6 · 0⤊ 0⤋
The father whether it is this boy or not has rights. But he will have to fight for them. He could really push the issue and have the courts look into whether she is competent or not to raise the child if she is not making good health choices also.
He needs to contact a Father's Rights advocate and I am sorry I do not have that site for you but they are very helpful, they can also connect the father with reasonably priced and sometimes free legal advice and representation. Just do a search on Father's Rights and Custody something like that.
2007-02-26 09:04:28 · answer #3 · answered by thankyou "iana" 6 · 0⤊ 0⤋
I can't believe people think he has no rights. Don't we remember several adoption cases where the unwed father was successful in reversing an adoption because of lack of notification and/or written permission for children who had been with their adoptive parents for 4-5 years? Even the U.S.Supreme Court has upheld extensive rights for unwed fathers. I don't know where you live, but I live in a state that has an equal rights amendment. Here, the father could take her to court today for being a neglectful mother. I'm aware of similar decisions in N.Y., Michigan, Pa., Ca., and a number of other states. The very fact that she's smoking is sufficient. If he is the father, he can force his name to be on the birth certificate. He could have stopped an abortion and he can stop an adoption. He has extensive rights.
2007-02-26 07:33:51 · answer #4 · answered by David M 7 · 0⤊ 1⤋
It's up to her if she puts him on the birth certificate as the father. If she doesn't he'd have to wait until after it's born, have a DNA test done to prove he's the father and then talk to the child support dept. in your local court (there's usually a free service that will advise you) as to how to go about changing the baby's name. There have been cases where the woman has been ordered to move because of smoking issues in the house where she's residing while pregnant --- he doesn't have to wait for the baby to be born to do that. But I'd check with your local court and their rules because it varies from county to county. Good luck.
2007-02-26 07:27:51 · answer #5 · answered by GrnEyedBlondeSwede 2 · 0⤊ 0⤋
Really it all depends on your state laws on that. I know that in Alaska the only way an unwed mother can even have the father listed is by the father taking a paternity test and both the mother and father signing an affidavit stating that he is taking responsibility for being the father. You might want to suggest that she hyphenate the child's name when the baby is born, that way it has both her last name and the father's.
Look into your state statues, though.
2007-02-26 07:27:13 · answer #6 · answered by Ammie 3 · 0⤊ 0⤋
The fathers name is put on the birth certificate at the time the child is born. The father needs to make sure that is done by notifying her doctor and the hospital that he is the father.
Your daughter will be asked who the father is. If she lies, she will be in big trouble. A simple DNA test can prove her wrong.
2007-02-26 14:28:58 · answer #7 · answered by Anonymous · 0⤊ 0⤋
First, you may be making an assumption that you know who the father of this child is. Be very careful.
As for the baby's last name, your daughter can decide to give the baby her last name. That's her right, since she is unwed!
As for her smoking and living in a smoke filled house, she needs to STOP NOW!
2007-02-26 07:23:54 · answer #8 · answered by kja63 7 · 1⤊ 1⤋
The father has no rights whatsoever. That iss why guys should start holding out for marriage. Heck if he truly had legal rights he could get her taken out of that home in the least. The way you make it sound that child will be lucky to be born and survive.
2007-02-26 07:58:10 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Depends on the state laws where you are.
2007-02-26 07:28:45 · answer #10 · answered by redhotboxsoxfan 6 · 0⤊ 0⤋