Im due in june and the father of the baby wants the baby to have his last name.?

Question

I dont want the baby to have much to do with the father.... but he is fighting for custody or atleast visiting rights....and he also wants the baby to have his last name.... im putting my last name but hes saying hes going to take me to court....can he do anything about it....or do i have the rights here and give the baby my last name? and plus he has not been part of the pregnancy at all.

One thing i forgot to mention.... one reason I left him was due to violence and agression...that is why i dont want him involved in the childs life.... i dont want anything from him really.... the only thing i have is eyewitnesses of the violence and agression. does that help me in court?

Answer 1

You don't even have to put his name on the birth certificate. I wouldn't if I were you. Even if you do put his name on the BC he would have to sign paternity papers. Give that baby your last name and forget about him. If he wants to take you to court let him, he won't get far. Then he will have to pay all the court costs.

Answer 2

Be careful who you sleep with first of all. But now that you have the problem, No he can not stop you from giving the baby your last name. If he has not been a part of the pregnancy and not paying for any of the bills, he has little or now rights, but you can take him for everything he has if he is going to be this ugly. You would have to be the worlds worst mother before they will give him custody. This guy is a lot of hot air. Don't listen but do mark down every time he contacts you and makes your life miserable or makes threats, this will all help if you do end up in court. Make sure if you want him to pay child support for the baby you put his name on the certificate, if you don't want him involved do NOT put his name any where on the certificate! If he is not named as the father he will have to work really hard to get any part of the child. Do NOT tell him what you are up to and stop connections with him or any one that may tell him when you go in to have the baby. The less he knows about you and baby the better you are. So if you have a relative that you can stay with in a different city do it quietly and go to have your baby there and tell no one. I have found that you can't even trust your friends. If you want to collect Child support you must put his name on he certificate. He will get some time with the child but it will not be much. I will say that a father is a very important part of a childs life and they play a big role in raising a good kid. It is too bad that the two of you can't work things out so that the father can be a positive part of the childs life. I think that it is hard on kids when they don't have a mom or dad. God made it so we NEED both. If you have a man in your life now that you are planning to marry I would suggest that you put his name on the certificate. This will prevent the hassle of adoption. If not you have just a few choices, raise the child with out the help of the father, and leave the fathers name off the birth certificate, or put the fathers name on the certificate and expect him to provide child support and expect that he will get time with the child, or move away so he is totally unaware of when or if you had the baby and leave the name off the certificate and put the man that you are planning to marry on the certificate, or work things out with him so the child has a healthy relationship with both of you. The last option is probably the best if there is not another man on the scene. I will remind you that you are very lucky to have a man that is intrested in the child. There are a lot of men that don't care. so that tells me that you have something to work with.

Answer 3

Not to berate the issue, but this is why people should wait a long time before getting married THEN having children after they know the other person and they are in a solid relationship bonded by marriage. With that aside..... The child will be forced by law to take the fathers last name. Unless the father agrees to you having it changed legally, which doesn't sound likely. Unless you can prove the father is a serious danger to the child, the courts will not award sole custody to you. The courts will not violate the paternal rights of either parent unless there is an overwhelming reason to do so. In short, your stuck with this loser the rest of your life unless, God forbid, the child should happent to die. You have some advantages. Your the mother, they always prevail over the father everything being equal. You must be able to show that you can reasonably support the child, feed it, cloth it and provide shelter. If you have witnesses to his violence, and there are multiple well documented instances, you will need to get written sworn statements from each of the witnesses to that fact and they will be required to appear in court to testify. These will help you in that although the father cannot get sole custody, you should be able to convince the judge that you should have primary custody with strictly controlled visitation. That can mean he can stop by at designated times at a designated place, for a designated time, with you and possibly other people there to supervise. This nitty gritty is usually hashed out by the attorneys. You WILL need to hire a lawyer, this is too complicated. Been there done that.....

Answer 4

He does have the right to put himself on child support and have a relationship with the baby! If he really want to be a part of the baby's life...You cannot stop that! You would be selfish...
Just see what he's going to do. He cannot take the baby away from you unless you are a druggy or just not a good mother and leave your baby unattended. If he doesn't go to the hospital, then his name will not be on the birth cert. The only way after that, is if you or him try to put him on childsupport and then he could ask for a paternity test, then he'll pay. If he really want to be a part of the baby's life and there is nothing wrong with him. You have to let him be part of his blood. You never know what you might need from the father whether it's info about medical past, blood, or something else. Bottom line is that you have to do what is best for your baby...

Answer 5

Get a good lawyer. You can give the baby your last name, because you'll report the baby being born for the birth certificate.
The father can request to be a father on the birth certificate, but you can make him pay a very good child support. If he fails to do so, he looses any form of custody. The violence needs to be proven and that is always hard, since you haven't been together and actually very sad, because the only proof you have is after he's hurt you.
That why to get a good attorney, because no child to be raised in a violent surrounding, but be loved and respected.
Good luck and enjoy your pregnancy.

Answer 6

I am sorry that you had to go thru something like this. It must be very hard. You don't have to name you child after the father and there is nothing that he can do about it. Now about the violence. you do need to get a lawyer to represent you because you can use the violence against him concerning custody of the child. If your child is not in any danger being in your care the courts will not give him custody. Don't too much worry about the courts but worry about your life and you child's life. Try to stay far away from him.

I know he is the father but you need to protect yourself and your unborn child. If you can pray. Then pray to God to help you in this situation or go to your church if you have one and talk to someone you can trust. I pray everything goes well for you and your child.

Answer 7

I wouldnt think so, if that was the case you should have pressed charges then, before you were pregnant,
A father has a right to see his child. Remember YOU chose him! If you see aggression tell the judge, he will have only supervised visitations for now. In texas the father cant take the child away for days or nights until the child is 3 years old.

PS. My husband had his daughters (from a previous relationship) last name changed to his. The jusge granted it right then and there, she had to change everything, social security, birth certificate, insurance papers. she had 60 days to do it. (just an FYI) This was in the state of texas in 2001.

Answer 8

When you are not married and have a baby it is up to you to name the baby last name and all. He has no rights there and the courts will not get in the middle of it. He may be given visitation rights unless you can prove he is unfit due to any criminal background but he will also have to provide support for the baby. Even if he is not working the courts will still tell him he must provide support or lose his license or go to jail. I am very sorry for your circumstances and wish you a healthy and happy baby. Remember please to never say anything negative about the baby's father to the baby or around the baby. Kids soon pick up what their parents are really like and you will look much better in your child's eyes if he or she never hears anything bad from you about their other parent.

Answer 9

You need to check with your county's social services agency to find out what the county and state laws are regarding last names. Some states require the father's last name to be given to the child in coordination with child support payments. Being a part of a pregnancy does not negate a father's rights to his children. He can take you to court for anything he wants to, that doesn't mean a judge will hear the case or will or will not rule in his favor. You'd be better off educating yourself about legal rights through social services or an attorney. Good luck!

Answer 10

He may get a court order for visitation and other rights. However, the name of the baby will up to you (from a legal perspective).

While in the hospital, the baby's last name is always that of the mother. When you get the birth certificate form, that's what determines the baby's official name. If "dad" gets the form and fills it out before you get a chance to, then... sure, he could do it.

If he's a bad guy, let the hospital know that he's not to be allowed to visit. Unless he has a court order to visit you in the hospital (doubtful), you can have security show him the door.

Answer 11

I don't know what the courts would do but I have to say this. If the father wants to be part of the baby's life, I think you owe it to him whether you want to or not. Especially if he is expected to pay child support. I don't care if you want him involved or not...you slept with him and made this baby and that is just the price you will have to pay.