My sister became pregnant out of wedlock. The father of the baby is bipolar and a chronic drug user. He has somehow managed to scrounge up enough money for an attorney. This guy is trying to force my sister to change the baby's last name to his last name. Does he have a case here? He says if he pays child support, that my sister HAS to give the baby his last name.
Please, only serious, knowledgeable replies.Thank you!
2007-10-26 17:15:31 · 14 answers · asked by hollyanna25 3 in Pregnancy & Parenting ➔ Newborn & Baby
No, I can tell you with 100% certainty. He has to pay child support because he donated the sperm (sorry, not trying to belittle your niece or nephew.) That obligates your sister to nothing except to spend the money on the child. That's it. He can get an attorney and try to make a case for why the baby's name should be changed, but the only reason a judge would go for it is if he could prove that it would significantly benefit the child somehow, which it obviously wouldn't. To change a child's name, both parents have to agree to it. I can tell you this from personal experience. Your sister has nothing to worry about, except maybe some attorney's bills if this idiot seriously tries to take her to court. And also, tell your sister that just because he hired an attorney doesn't mean that they'll be going to court. Most attorney's won't try a case that is stupid and has no chance at anything.
Heather Y is 100% correct - she knows what she's talking about.
2007-10-26 17:55:28 · answer #1 · answered by Mommy K 3 · 1⤊ 0⤋
It is possible the judge will allow it, but not that likely. There has to be a compelling reason and paying child support is not one of them. What about a year from now? Given that he is a chronic drug user, she should document this as it gives her ammunition.
I have some sympathy for the guy- a lot of bipolar people abuse drugs or alcohol as a means of self-treatment especially since meds for the illness aren't all that effective. On the other hand, you picked him to father your child.
If he stepped up when the baby was born, had a DNA test and filed the affidavit of paternity, the judge may support his case. At the very least, he will be listed as the father on the certificate.
BTW, poster above doesn't have it quite right. The law in most states is if you are MARRIED, the surname is the father's surname. The woman can only hyphenate if she wants her's on there as well.
2007-10-27 00:40:49 · answer #2 · answered by TotalRecipeHound 7 · 0⤊ 1⤋
That's absolutely absurd. First, and I assume you're in the USA, there's no laws governing what people name their baby for first, middle or last name (with the exception of John/Jane Doe). Your sister could have randomly opened a phone book and picked a last name for the baby and it would be perfectly legal. Second, if there's no custody agreement between them that means that your sister has 100% legal and physical custody of the child. That means SHE decides if and when there's any name changes. Even if the father were able to get a custody agreement changed, he would at most have 50% legal custody over the child meaning that they would both have to sign off on a name change, which your sister won't do. Your sister is just fine, though she may also want to "lawyer up" if he's going to be playing games. Just remind her to keep a calm head about her, and if it sounds absurd (like in this example) then it probably is absurd.
2007-10-27 00:33:55 · answer #3 · answered by Heather Y 7 · 2⤊ 0⤋
The mother has the right to name the baby ANYTHING she desires. Including last names. She does not even have to give the child the last name of either herself or the father. There are a few perks to being the one that does all of the hard labor. The only thing a judge can force your sister to do is allow the father to see the child.
2007-10-27 00:37:33 · answer #4 · answered by Erin 3 · 1⤊ 1⤋
The name that is on the birth certificate is the legal name. A judge will not force a name change unless a persons safety is involded. The parent in custody of the kid is the one that can legally change it. If she has a good lawyer, the lawyer will try to focus on his drug problems making his case look ever worse.
2007-10-27 10:54:52 · answer #5 · answered by Anonymous · 0⤊ 0⤋
No, she will not have to change the last name. Is his name on the birth certificate? If he wanted the baby to have his last name, he should have talked her into it at the beginning, when she signed the certificate. Child support has nothing whatsoever to do with the baby's name. Your sister could have given the baby MY last name, or anyone's, and he STILL couldn't change it. Tell her not to worry. :)
2007-10-27 00:21:17 · answer #6 · answered by Anonymous · 3⤊ 0⤋
i dont think he has a case there. i would have her ask the court to settle for the child choseing its lastname when it is old enough to do so. as for now, its not that important and its just a reason to drag the child into a nasty court battle, and the father shouldnt ever be granted custody or visitation if he is being that hostile, especialy because of the drugs. he does however have to pay child support reguardless of what the childs name is. good luck, and im sorry that you have to deal with that buthead.
2007-10-27 00:58:47 · answer #7 · answered by curvy_chick000 4 · 0⤊ 1⤋
That's silly. Lots of father's have to pay support and the baby doesn't share a last name.
Some cultures don't give their baby the same last name as the mother or the father and they still have to pay child support if they divorce.
2007-10-27 00:22:23 · answer #8 · answered by Anonymous · 3⤊ 0⤋
If they have not married then your sister can use her last name.
Unless he adopts the child he has no naming rights.
2007-10-27 00:25:23 · answer #9 · answered by Carl P 7 · 1⤊ 0⤋
no, if ur sister can prove he is a druggie and will not be responsible or be a part of this babie's life, then no u do have 2 change the babies' name 2 his!!!!!!!!! hope u get this all settled out. God Bless!!!
2007-10-27 00:36:14 · answer #10 · answered by Mustang Lvr 2 · 1⤊ 1⤋