I need some advice?

Question

My sister left to Pto Rico to see her boyfriend, she got pregnant, they broke up and she moved back to Miami. She doesn't want to do anyting with him and doesn't want to put the father's last name to the baby. Now he's theatening to take her to court. What are the advantages & disadvantages on using the father's last name? Is she going to have any problems if she decides to go back to Pto Rico? If she uses her last name, can she still get child support?
Please let me know what we should do...Thanks

Answer 1

he can only take her to court for visitation and custudy, but not for the birth certificate. The birth certificate is a legal document based on infor,mation given to the mother.
She can use whatever name she wants for her baby, but is important for her to put the father's name on the birth certificate, otherwise she will not be able to get child support.

Good luck

Answer 2

She can still get child support if the baby has her last name. They are not married, so it is up to her and not him. Because they are not married and they were not married at time of conception, a paternity test will be required. It has to be through the courts. I would advise her to go after child support so he can say hey that's not my baby. That way, he has to pay for the paternity test and they are pretty expensive. If he requests it, he has to pay and then if it comes back that he is not the father, she has to pay him back.

I still had to get a DNA test, even though his name is the same as the father's and he is listed as the father on the birth certificate. The only way to establish legal paternity is by marriage or DNA test.

I gave my son his father's last name because he pressured me into it and I was young. I regret that now because he is not in the picture. I am the one raising him and he has his name. I think that if this guy isn't going to be around then it is best that the mother's name is given. It's easier when they get to school, also because they don't have to explain to their peers why mom and kid have different names.

Puerto Rico is a U.S. territory.

Answer 3

yes she can get child support if the fathers name isnt on the birth certificate, but they will have to get a dna test done, as for the rights in peurto rico im not sure but they cant be much different from the states. What does he want to take her to court for? custody? if its a matter of custody as long as the mother is proven fit, and can provide for that child (which includes the fact the any child in the united states now has to have its own bedroom) then she will be awarded custody and he'll look like an ***. Should they decide to get together in the future, the last name can always be changed. this is the present, not the past where children born out of wedlock were branded as bastards and shunned. Have your sister go to a family court and put in for sole custody if she is worried. btw, if he doesnt show up to his court date, she'll be awarded automatic custody, same goes with child support too. So if his name goes on the birth certificate she wont have to worry about getting a dna test, she can just file for child support, but if she lists no name for the father she will have to go throuh the hassel of getting a dna text, and it is required for most family court petitions. godd luck

Answer 4

Since the father is in Puerto Rico I'm not sure if he would have to pay support if his name wasn't on the birth certificate here in the U.S. That would have to be taken up by a lawyer. However if his name IS on the birth certificate here in the U.S. he is liable for child support. I suggest a lawyer be consulted though.

Answer 5

She doesn't want to give the father any parental rights but wants him to pay child support? She can't have it both ways; either the father is given visitational rights, or she shouldn't be entitled to child support. I don't know your sister or the guy who impregnated her, but why must there be an advantage to giving the child his/her father's last name? Has he physically abused her? If not, why is she being so mean-spirited?

Answer 6

She will get child support no matter what she names the baby. And honestly I've never heard of taking someone to court to order a name change.

Answer 7

Yes she can get child support with different last name. Its just a name , thats all it is. Unless her boyfriend is abusive in some sort of way, I dont see why she will keep the child from him.

Answer 8

My cousin (female) never married the guy she conceived 2 children from and she named the children with her last name. She is entitled to child support because the children's blood shares both parents DNA. If he is not going to be part of your and the children's life then he can not demand the children to bare his name. 18 years dear, 18 years of child support, take advantage of it because children are not cheap and trust me your going to need every cent of it. He can't win in court so don't sweat it.

Remember this, "An empty bag cannot stand upright".

Sincerely,
SuperDave

Answer 9

she doesnt need his last name to get child support but she does need to a signature on the birth certificate. he probably wont sign it unless the baby has his last name. since he is in puerto rico, there is nothing the U.S. government can do.

Answer 10

I believe it is required to name the father in order to get child support. But, you know, if she doesn't want anything to do with him or give the baby his name, then maybe she shouldn't want his support either. Gosh, it's the man's kid, he has a right to know it.