Custody battle? (California)

Question

So my friend is pregnant with her second child. She wants the baby to have her last name but she may run into some problems. She was talking to this guy and found out he was lying about being single. It turned out he was still with his girlfriend he claimed he broke up with and didn't want either of them to know about each other. She wanted to be with him but told him she wouldn't be with him if he was still with another girl, he again pretended he left her and she found out through Facebook they were still together and he was lying again so she just ditched him. Anyway she ended up finding out she got pregnant and she told him he was going to be a father. He read her message and blocked her. She assumed that meant he wanted nothing to do with her or the baby so left it at that because she had no way to contact him. This morning he called her and since she was asleep and didn't answer he left her a voicemail saying "Hey it's _____ I know I haven't called you in a long time but anytime you get a blocked number calling you it's me. Alright bye." 
So now she has to play the waiting game until he calls again to see why he called since his number is blocked and she's worried he's going to either A) hurt her again B) try and take the baby from her C) make her "share" the baby with him and his girlfriend (assuming he still hasn't left the other woman) or D) be in jail again

Questions are: Does she have to give the baby the dad's last name?/If she tries to or manages to give the baby her last name, can he take her to court to change the baby's name to his name?

We live in Calirfornia I'm not sure how all this works and I would like to help her if I can.

Answer

No. If they are not married she is not obligated to give the baby his last name. She needs to give the baby her last name for more parental claim. Also while she is still pregnant she needs to get his parental rights terminated. He doesn't seem like a stable guy and I personally wouldn't want my son to be around that kind of drama. Then I would move. Out of site out of mind.

Answer

I'm pretty sure she can just say she doesn't know who the father is and have it left blank. At that point he has no legal standing.

Answer

Just don't put him on the birth certificate. He could later try and get parental rights but not a name change

Answer

Theyre not married. If she doesn't want him in the baby's life then she should change her number and move.

Answer

She can name the baby whatever she wants. If he is not there once it is born he has no say. In the hospital they go by the moms current last name when the print out the baby's wristband anyway. He can't legally force her to change the child's name ever.

Answer

Legally she can name the baby whatever she wants. He's not going to be there to sign the birth certificate, so the the name shouldn't be an issue. If he is the father he has a legal right to see the child, and can fight for custody. I suggest she talks to a lawyer.

Answer

Thanks for all the advice ladies! I told her I was pretty sure he had no control over names. The only thing I worry about is (assuming he really does have a sudden interest in the baby) him dragging her to court for custody if he doesn't get his way. Although I'm sure a guy who's been locked up for 5 years, back to jail, and now on parole will probably lose that case. However my brother has been to prison 3 (now 4 currently locked up again) times and somehow got custody of his children over his ex wife who had never been. So you never know! She's just playing it safe for now. She feels a lot better about the name situation now though. So again, thank you all! :)

Answer

It may be different in Cali but I want to say here in Alabama from what I know a mother can name her child whatever and they can't make her change it but I could be wrong. I just know I have a nephew who my brother got the mom pregnant & he didn't want to be with her but still wanted to be there for his kid. Well she got mad cause he wouldn't stay with her & gave the child her last name. Courts tell him he can't do anything. We hardly get to see him cause she keeps him away. But my brother plans to go to court for visitation rights.

Just want to say though she shouldn't keep the child away from him unless he's violent. It's still his child. And anyways I would maybe contact his family to see if they want to be a part of the child's life because my family would be a part of any child my brother has even if he for some reason wouldn't. A child deserves to know both sides of the family regardless of the situation.

Answer

Not married, he doesn't seems interested in the pregnancy/baby she puts no father baby gets her last name she lives her life without him she shouldnt ask for any child support . She literally has no way to contact him anyways

Answer

He DOES have rights tho. If u dont out his name on the bc he can get a dna text done and get a new one. And can get part custody.

Custody battle? (California)

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