I do not want to give my unborn child the father's last name, state of NC, what are my rights?

Question

the father of my unborn child insists the baby carry his name. we are not together as a couple any longer and i want to give my child my last name. Also, he thinks that he can have split 50/50 custody of my child, one week with him then one week with me. i will never agree to this. what are my rights?

Answer 1

I live in NC and am also in the EXACT same position! I do plan on getting a lawyer after the baby is born in mid Dec - but I was told the following:

1. In the state of NC you do not have to name the father on the bc if you are not legally married to that person (I'm not married to him). There is a form that non-married couples typically have to fill out if both agree to paternity (which you shouldn't at this point).

2. Do not put his name on the bc (and yes you can still go after child support even if his name is not on there) - if his name is on there he has the right to your child just as much as you do until you get a court order stating otherwise.

3. You can still go after him for support - the court will order a dna paternity test which he will have to pay (I hear it's very expensive) - also you have the right to have him pay 1/2 of your medical bills you incurred while pregnant.

4. I plan on breast feeding which would make it pretty difficult for him to have 50/50 custody initially. I think the only reason they are doing this is because they don't want to have to pay.

When are you due? I am due December 19th so we should keep in touch. If I'm due before you I can let you know what to expect after I start legal proceedings sometime in Jan.

Good luck with everything and congrats on your baby!!!!

Answer 2

If you were never married, you don't have to give the child the fathers last name.
My opinion is that if you are a qualified mother, then go for supervised visitation rights, and none of this 1 week stuff.
When the child becomes school age, and he's an okay guy, let the child spend some time with him on major holidays, and Christmas.
Its very confusing for a toddler to be jerked back and forth, and there are "free lawyers out there to help you" try the N.O.W. (National Organization of Women)
DONOT let him get off without paying child support. You may say now that you don't want his money. Take it and put it in a college program, Gerber has a very good one!!!

Answer 3

I'm not sure about North Carolina, but in Texas a father can insist the child be given his last name as part of the custody agreement. Even if you don't list him as father, he can easily get his name put on the birth certificate by telling the state he wants to sign an agreement of paternity. At that point, they will meet with both of you (or both of you have to get lawyers and go to court - at your own expense) to determine custody and child support agreements. Most likely he'll get his way about the last name, as long as the child is an infant. He'll have to pay you approximately 20% of his income and provide health insurance for the baby. He will most likely have shared custody with you, in the legal sense of the term, meaning he can sign for legal agreements and medical treatment in the childs name. However, it is unlikely he'll get overnight visitation with your child before age 2. Instead, he'll probably get daytime visits with your child, until your child is no longer a baby. At that point, however, he can petition for a 50/50 timeshare split, and the judge may easily grant it. In those cases, it's unlikely you'll continue to get financial child support, but every case is different.

Answer 4

Well I do know for sure. They give the mother the paperwork at the hospital. I know I have had 4 kids. You can put any name you want on there. You can give the baby your last name. You do need the dads name in the dads slot in order to receive child support in the future when you file. You two aren't together you do need to file soon after the baby is born. You have rights. The court will decide what is in the best interest of the child after going over your case. I do know you can give the baby your name though. There is no law against that. Good luck and god bless you and the little one!!

Answer 5

Your rights are the exact same as his.(Nevermind, not married)

You should make sure you have a good reason to oppose split custody else the judge may see you as being selfish and self-motivated. Judges in NC are required to put the best interest of the child above all else. Also there is an increasing trend to allow split custody as rights are becoming more equal between the sexes. Because you are not married I don't know how this works.

Is there a reason you cannot agree to split custody?
Is he unfit?
Make sure you put the childs interests above your own. Children need fathers too.

Answer 6

I'm not sure for the custody issue, but as you are the mother and you fill out the paper work for the birth certificate it's up to you what name you put on the childs birth certificate (just make sure the father doesn't fill out that paper work ) as for the custody thing most judges will NOT split custody of a newborn baby as it's unhealthy for them. Try the website link below it's some stuff on NC custody rights.

http://www.ricefamilylaw.com/topics/childcustody.htm

Answer 7

better head to the courts for the custody for that issue. As long as you know what you want on the birth certificate then as soon as he is born tell them and they will put it on there. I am assuming that you arent on nice terms with him and so he wont be in the delivery room. And there fore wont be in the hospital room while you are signing all the papers and what not so how will he have a say anyway. I also think that once the record of birth is submitted I think that both parents have to sign papers for it to be changed. I am not positive but you can go to the court house in your area and ask the clerk where exactly you would need to go for this info or to consult an attorney. OH and the custody most likely will not happen like that. Joint most likely happens (when child is small like that) the primary care giver is alot of the time given more time with the child. SO he might get visitation on the weekends or some crap like that. I am not positive on exactly how that works but do some calling of attorneys or go to the court house and see what they tell you . Sorry you are in this situation hope my input helps.

Answer 8

You can name your child humpty dumpty if you want. You need to get a lawyer for the custody issue and visitation, you can start this process while u r still pregnant. Just remember, what ever the childs last name is, everyone will assume that is your last name,when this child goes to school for example, the teacher will address you with the childs last name to see what you say. I found this out the hard way, and you don't think it matters at the pta, it did!!!

Answer 9

You may give your baby any name you want, but you will have to name his/her father on the birth certificate. He will have parental rights unless he relinquishes them or the court takes them away from him, even if your child is adopted by another man you marry in the future.
I highly suggest you contact a lawyer for advice on the best way to fill out the birth certificate and limit his rights to the baby which is still his child.

Answer 10

You can put what ever you like on the birth certificate. You don't have to give him the fathers last name you can give him your last name. Though you should list him as the father. Not for him but so the baby has a father. You don't want him labeled. He can get joint custody but you can remain as the custodial parent. He will live with you and the dad will get him every other weekend. And he will have to pay child support. Does your state have alimony? If so make him pay that to. Just for the hassle he is giving you.