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Father's rights to last name at birth

Father's rights to last name at birth

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by: JENHO Active Indicator LED Icon  OP  New Member
~ 7 years ago   Jun 30, '16 7:41am  
I was wondering if anyone has experience with the Father choosing the last name of his newborn. Please don't judge. This question is for my son and his baby's mother. She is saying she is giving their son her last name. My son of course wants his son to have his last name. From what I read the Judge will.usually allow the Father the right to carry his last name. We may have to go to court to have it done. Baby is due soon. My so will be financially responsible immdiately. Thanks!
Please no rude commnets...thanks!
 

. 4951
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Metro07 Active Indicator LED Icon 3
~ 7 years ago   Jun 30, '16 7:47am  
Good question, my sister gave her son her last name but the dad did not seem to care one way or the other. 4951
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BooBear Active Indicator LED Icon 16
~ 7 years ago   Jun 30, '16 8:00am  
Is he going to be listed on the birth certificate? I don't know if it's a "right" or not. I do know that when my granddaughter was born, she initially had our daughters last name and he wasn't listed. But after, they agreed and had to get an affidavit of paternity, and have it registered at the courthouse to have her name changed. I believe if the parents are not married both your son and the mother have to sign that.
 
Edit: I know you say that he will be responsible from the beginning, I strongly suggest, even though it's not required, getting court ordered visitation rights and a child support order. Too many things can happen and if he has that at least his rights are protected as well as hers. 4951
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donnatella Active Indicator LED Icon 13 Forum Moderator
~ 7 years ago   Jun 30, '16 8:11am  
Gone are the days where the boy quickly marries the mother, prior to the birth, to give the baby a name. I guess with modern "progress" comes more complication. 4951
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FeelinMinnesota Active Indicator LED Icon
~ 7 years ago   Jun 30, '16 8:12am  
If the father doesn't sign the birth certificate then its whatever the mother wants as the last name. Once a paternity test is done or the acknowledgment of paternity is signed then the name can be changed as well as the birth certificate. It is the father's right for his children to have his last name. You may need to go to court if she just flat refuses. So basically, if they are not married then the best thing for him to do for legal purposes is go file for child support on himself. That will immediately give him his rights from day one. But, let me make one thing clear. Unless you are using an attorney the Attorney General's office doesn't help much. Their main concern is getting money to the mother and child. If you have other legal issues like visitation (as in if she is refusing visitation) then you need a lawyer. This was probably more info than what you needed but, I'm currently going through a similar situation. Hope this helps. 4951
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BooBear Active Indicator LED Icon 16
~ 7 years ago   Jun 30, '16 8:17am  
If the parents are not married, even if the man is on the birth certificate from birth, the child is considered to be fatherless. He will have to prove paternity by either the affidavit or court ordered paternity test. It really is in his best interest to go through "the system" there will be a hearing and he can petition the court for the name change at that time. It will be completely up to the judge. 4951
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deltadawn Active Indicator LED Icon 8
~ 7 years ago   Jun 30, '16 9:13am  
Would be nice if these two young people could start learning now, that when it comes to the baby, it is best if they learn to cooperate, compromise, and be civil to one another. The best interests of the baby come first now, and they need to be "grown ups" about everything that has to do with this child. 4951
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ForeCPA90 Active Indicator LED Icon 9
~ 7 years ago   Jun 30, '16 9:23am  
Does she have any other children? 4951
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Retired_Engineer Active Indicator LED Icon 13
~ 7 years ago   Jun 30, '16 9:31am  
The laws are still adjusting to modern times.  When my daughter decided to share an apartment with her boyfriend, I told them to keep clear and separate ownership of whatever they had in their apartment.  Also, if it didn't work out, they should separate as adults and not let feelings get in the way (Ha!).  As Judge Judy says, there are no clear laws for people "playing house" and are not married.When the guy suddenly decided to break up, my daughter took only her possessions and left.  She was surprised and a bit angry because they had been talking about getting married and he had even taken her ring shopping.   4951
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mm4731 Active Indicator LED Icon 13
~ 7 years ago   Jun 30, '16 9:41am  
[ Removed By Request. ] 4951
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JENHO Active Indicator LED Icon  OP  New Member
~ 7 years ago   Jun 30, '16 10:53am  
He will definitely file paternity and establish being the Father. He will file child support and be financially responsible as soon as the court allows. I appreciate all of the advice! He will be a great Dad and has a huge support system. She and her Mom say that he will be there at birth. They say that they won't keep him from him.  From what I understand, she can put whatever she wants on the birth certificate. He knows that if she puts her last name, just let her. He will then take her to court to fight to have it changed.  4951
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Ebola Active Indicator LED Icon 9
~ 7 years ago   Jun 30, '16 11:16am  
I am glad my job screwed up my love life. I am happily unmarried and no children to anchor me. I would of ended up on a divorce anyway as disrespectful women are to men nowadays. I won't tolerate it. 4951
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Fallon Active Indicator LED Icon 18
~ 7 years ago   Jun 30, '16 11:22am  
Removed By Request 4951
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rske476537 Active Indicator LED Icon
~ 7 years ago   Jun 30, '16 11:23am  
Sounds like the father is doing all (legally and morally) he can do to be part of the child's life. Giving the child the mother's last name will probably cause the child's lots of unnecessary discomfort/embarrassment  throughout his life (unless the child decides to legally change his name when he is of age).The soon to be mother is not thinking about the child's best interest. I do not understand why the mother would want to have the child tagged with her last name (sounds immature and selfish) since no one is disputing who the father is. By definition, the child will be a bastard child. Why highlight this fact and create the unnecessary need for explanation? Why does the mother want the child to use her last name?Given the judges currently in Harris County Family Law Court, if he must go to court to have the child have his last name, I feel confident he will prevail.Good luck to the young family. 4951
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JENHO Active Indicator LED Icon  OP  New Member
~ 7 years ago   Jun 30, '16 1:07pm  
no other childen 4951
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JENHO Active Indicator LED Icon  OP  New Member
~ 7 years ago   Jun 30, '16 1:08pm  
agreed! 4951
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