Baby's last name (unmarried couple, parental rights)

This is a discussion on Baby's last name (unmarried couple, parental rights) within the Other Family Law Matters forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; My ex-girlfriend is expecting our child in September. She says she is going to give him her last name and ...

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Old Jul 2nd, 2008, 03:39 PM   #1
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Default Baby's last name (unmarried couple, parental rights)

My ex-girlfriend is expecting our child in September. She says she is going to give him her last name and there is nothing I can do about it. Is this true or do I have some rights in choosing his last name?
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Old Jul 2nd, 2008, 05:01 PM   #2
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Default re: Baby's last name (unmarried couple, parental rights)

If you are unmarried, then you have no say in the child's last name. As a matter of fact, you have no parental rights at all until you go to court to establish your paternity.
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Old Jul 2nd, 2008, 05:50 PM   #3
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Default re: Baby's last name (unmarried couple, parental rights)

Thanks, what is the process of establishing paternity? Will I need to get a lawyer for this?
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Old Jul 2nd, 2008, 07:37 PM   #4
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Default re: Baby's last name (unmarried couple, parental rights)

You never NEED a lawyer, but it is almost always GOOD to have a lawyer.
Since, in establishing paternity, you are not simply demanding parental rights but also taking on parental responsibilities (child support) that will last for 18 years, a mistake at this point could be very costly. So I would advise retaining an attorney to help you with this.
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Old Jul 2nd, 2008, 11:04 PM   #5
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Default re: Baby's last name (unmarried couple, parental rights)

Wrong, show up at the birth and announce yourself as the father and sign the birth certificate.

She is right, but she can't stop you and a Judge wont slight you for it.

After all she was calling you DADDY!

Last edited by Postman; Jul 2nd, 2008 at 11:13 PM.
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Old Jul 3rd, 2008, 12:47 AM   #6
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Default re: Baby's last name (unmarried couple, parental rights)

NO! A guy cannot just show up at a hospital and declare himself the father of an unwed mother's child.

When a couple is married, any child born from that wedlock is legally the child of the father (whether or not this is biologically true...which has lead to really messy situations).

Otherwise, the mother of a child born out of wedlock has sole and total custody of that child until such time as parental rights are award to a father by a court of law.
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Old Jul 3rd, 2008, 03:01 AM   #7
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Default re: Baby's last name (unmarried couple, parental rights)

define cannot, with basis in law
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Old Jul 3rd, 2008, 03:10 AM   #8
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Default re: Baby's last name (unmarried couple, parental rights)

What will happen is...

They will go ask the mother, is this the father? She states no, she can be held responsible for filing a false affidavit (birth cert) when she knew he was there. She has only one claim to one father, not woulda shoulda coulda.
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Old Jul 3rd, 2008, 03:14 AM   #9
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Default re: Baby's last name (unmarried couple, parental rights)

Affirmations and custody are totally unrelated

Last edited by Postman; Jul 3rd, 2008 at 03:15 AM.
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Old Jul 3rd, 2008, 03:21 AM   #10
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Default re: Baby's last name (unmarried couple, parental rights)

Son

Be there

Step Up

Be a Man

No one else may appreciate you, but your child will.
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