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soon2bmom
08-02-2006, 03:26 PM
Iam a soon to be first time mother, and is has been a rocky 9 months,
The father of my child and I have been civil to an extent but I feel that I am dealing w/ a very irrational person.
He is convinced that because I feel he is the father, it is illegal for me to name the child's last name anything other than his.
I want to give the child my last name knowing that is planning to leave the state for an undetermined period of time, and has previously threatened to leave the country. He feels that he has just as many rights as myself, when he has,
1) no employment record ever ( has always worked under table )
2) never paid taxes
3) has no physical address, no specific place to take our child when visitation becomes an issue,
4) can not otherwise prove that he can take care of himself...
anyway...
when it comes to his last name, am I under any obligation, knowing that I will be establishing a child support order based on the "proof" I have of conversations and such in which he claims to be the childs father, and pursuing the courts for sole legal/physical custody, to name this child his last name?
Winded, yes, I also appologize for the run on sentance.
any info would be much appreciated...
thanks

kelly abernathy
08-27-2006, 04:18 PM
Iam a soon to be first time mother, and is has been a rocky 9 months,
The father of my child and I have been civil to an extent but I feel that I am dealing w/ a very irrational person.
He is convinced that because I feel he is the father, it is illegal for me to name the child's last name anything other than his.
I want to give the child my last name knowing that is planning to leave the state for an undetermined period of time, and has previously threatened to leave the country. He feels that he has just as many rights as myself, when he has,
1) no employment record ever ( has always worked under table )
2) never paid taxes
3) has no physical address, no specific place to take our child when visitation becomes an issue,
4) can not otherwise prove that he can take care of himself...
anyway...
when it comes to his last name, am I under any obligation, knowing that I will be establishing a child support order based on the "proof" I have of conversations and such in which he claims to be the childs father, and pursuing the courts for sole legal/physical custody, to name this child his last name?
Winded, yes, I also appologize for the run on sentance.
any info would be much appreciated...
thanks
he's wrong. untill paternity establishes him as the father, he has no rights, and this isnt his child. you hold all the cards where the baby is concerned untill a court decides otherwise. you can name the baby anything you want, and your ex has no say in it.

Stepmother
10-04-2006, 10:26 PM
He doesn't have the right. If at the point paternity is established, he can go to court and a court order will give him the right to name himself on the birth certificate and change the childs legal last name. Well that is what our lawyer told us we would have to do and we did. However, I am not sure on the circumstances in which the judge will determine this. This court order was granted at the same time we were granted joint legal and physical custody.

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