i am pregnant now and the father has had no communication with me. he basically said 'call me when he is born'. i have picked a first name for the child and i want to give him my last name not that of the father.
i will put the father on the birth certificate and i will get him ordered to take a dna test and all that is needed to pay support. he is muslim and he has stated that the child must have a muslim name. i refuse.
in the future can he ever request that the baby's name be changed?
will the court order in his favor or mine? (most likely)
mommyof4
07-26-2006, 10:15 AM
i am pregnant now and the father has had no communication with me. he basically said 'call me when he is born'. i have picked a first name for the child and i want to give him my last name not that of the father.
i will put the father on the birth certificate and i will get him ordered to take a dna test and all that is needed to pay support. he is muslim and he has stated that the child must have a muslim name. i refuse.
in the future can he ever request that the baby's name be changed?
will the court order in his favor or mine? (most likely)
You cannot put the father on the birth certificate without his legal consent. (You are not married.) You can give the child any name you want. Yes, he can request that the baby's name be changed in the future. Your best option is to hyphenate the name (fahter's-mother's). That way, the child will go by your last name, and he will have no legal grounds to sue to change it in the future. As you are not married, I recommend that the child does have your last name, only because it makes it easier in the future (school, doctor's appt.) for you to have the same name.
cooloonka
07-26-2006, 10:22 AM
ok. he will not be there to sign the birth certificate. i am going to have to get a dna test ordered and then whatever court thing comes next. then after all of that he will be on the birth certificate. (i assume it will be changed)
are the courts still biased towards a child having the father's last name?
whats the basis for a name change? is it just because he doesn't like the name i pick?
can i then appeal the decision?
do you think the courts will order in my favor due to the fact that he has had nothing to do with me and did not even want to be there for the birth?
mom26
07-26-2006, 10:30 AM
the courts arn't going to favor you just because dad is not around. They will do what is best for the chil's interest. To me it seems the only thing you are worried about is child support. I hope you didn't have this baby just for that purpose.
cooloonka
07-26-2006, 10:45 AM
the courts arn't going to favor you just because dad is not around. They will do what is best for the chil's interest. To me it seems the only thing you are worried about is child support. I hope you didn't have this baby just for that purpose.
ok this makes no sense. i am asking about the last name because i don't think the father should have the honor of naming the child when he doesn't care one bit about him. i have payed for everything so far, doctors, clothes, etc. he has done nothing!
how can a name be in a child's best interest? it is arbitrary. is has nothing to do with his well being. it wouldn't make sense to name him after his father who doesn't care about his well being.
the only thing i am worried about is child support? i am having this baby because i got pregnant and i love him and thats what is right. adults know where a baby comes from and it can be avoided. he chose the possibility when he had unprotected sex with me. he also said he wanted to be there until three motnhs later when he 'changed his mind'.
child support is for the child. because i am single and i can not afford this on my own. why in the world would someone choose to have a baby just to get child support? that measly money is no reward in return for sleepless nights and a lifetime of sacrifice. come one be real!
mommyof4
07-26-2006, 10:49 AM
ok. he will not be there to sign the birth certificate. i am going to have to get a dna test ordered and then whatever court thing comes next. then after all of that he will be on the birth certificate. (i assume it will be changed)
are the courts still biased towards a child having the father's last name?
whats the basis for a name change? is it just because he doesn't like the name i pick?
can i then appeal the decision?
do you think the courts will order in my favor due to the fact that he has had nothing to do with me and did not even want to be there for the birth?
With the name change, are you talking about the child's given name or the last name? It's not really about a court's bias. It is about preserving the father's rights. Now, until he sues for those rights, he doesn't have any. I really can't tell you how a court would rule. It is up to the individual judge.
cooloonka
07-26-2006, 10:54 AM
With the name change, are you talking about the child's given name or the last name? It's not really about a court's bias. It is about preserving the father's rights. Now, until he sues for those rights, he doesn't have any. I really can't tell you how a court would rule. It is up to the individual judge.
i am talking about both names. the father will want a muslim first name and his own last name. i have decided to give the baby a christian first name and my last name.
ElleMD
07-26-2006, 10:55 AM
I have a friend who went through very similar in MD. You can give the baby wany name you want. Unless and until her relinquishes his rights officially as a father, he can petition the court to have the baby's name changed. You would have the same right as a biological parent. From my friend's experience, the non-custodial parent is given little say. In her case, she actually gave the baby the name he chose at the time of the baby's birth (which happened to be his own), as dad was still somewhat in the picture at that point. After a year and a half of not being in the picture other than paying support, she petitioned to have the name changed. She won.
While I can't promise you what a judge will decide, odds are good they will side with you.
mommyof4
07-26-2006, 11:01 AM
i am talking about both names. the father will want a muslim first name and his own last name. i have decided to give the baby a christian first name and my last name.
Normally (I have never heard of it happening, anyway) the child's first name will not be ordered to be changed. The only thing I have heard of happening is that the father's name be added onto the child's name. So, if you want to name your child John (or whatever) then go ahead. That won't be changed. Still, consider hyphenating the last name like I suggested before just to avoid any legal battles in the future. Even if the judge ruled in your favor, it would still cost you time and money for something that really isn't worth the fight. ( Ex: John Muhammed-Jones) The child will still have your last name.
cooloonka
07-26-2006, 11:05 AM
ok. that sounds reassuring. one last question though. how will the father's name change petition cost me money?
mommyof4
07-26-2006, 11:07 AM
ok. that sounds reassuring. one last question though. how will the father's name change petition cost me money?
Because he will file in court. You will have to go to court to present YOUR argument as to why the name should not be changed. Even if you don't have an atty, it will take time away from your work and the cost of getting there, child care while in court, any other miscelaneous expenses will come out of your pocket.
ElleMD
07-26-2006, 11:20 AM
Just so you know, my friend changed the baby's first, middle and last name. He was going by the given middle name, which Mom changed to the first name; gave him a brand new middle name; and changed the baby's name to her last name.
The legal costs were minimal, though I don't know exctly what they were. Dad had to pay to fight it as well so there is a disincentive for him to bring a petition if he is just trying to be a jerk.
Here is the info on changing/ registering a name in MD http://www.dsd.state.md.us/comar/10/10.03.01.02.htm http://www.lawlib.state.md.us/name.html
BTW, hyphenating doesn't change the parent's claim to alter the name. I almost forgot my husband's niece had a hyphenated last name that was later legally challenged (Dad lost though he was still able to petition to have it changed to just his). That was almost 10 years ago now.
cooloonka
07-26-2006, 11:38 AM
thanks alot! this really helps.
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