Birth Certificate/last names???

Question

Ok, so I'm due with my first child Feb. 9th 
Recently I found out (about 2 weeks ago) that my boyfriend of 6 1/2 years has been cheating on me, and might leave me for this other female. I'm letting him stay to help me for now because I am on maternity leave, no money, and no place to go. If I stay at my current apartment, my rent would be more then my entire paycheck every month....

So, this brings me to my problem. He's going to be there when baby is born, we are actually trying to work things out. But if I give baby my last name, does he still have equal right to her because he's on the birth certificate? Or can he be on the birth certificate, baby has my last name, but his rights aren't the same because she has my name...make sense? This whole thing is confusing to me...also if I give baby his last name and he's on the birth certificate, does he have more rights? Or is it the same either way?

I'm just worried he'll try to take her from me, or he's going to try for equal custody...she's a newborn, and I feel like she needs to be with me as much as possible.

Answer

Whatever the last name is does not matter. It does not even have to be either one of your last names. If he is down as the father on the birth certificate then he has rights as well as responsibility if a father

Answer

If he is on the birth certificate then he has equal rights. Last name the same or not. The only way to postpone him having equal rights is to not put him on the birth certificate and make him pay for a DNA test to prove he is the father, but it just postpones the enevitable... if he's the father then let him have his rights he will pay child support and at least your child will have a father in his/her life. If u don't put him on the birth certificate then he doesn't have to pay child support until u pay for the DNA test to prove he's the dad.

Answer

I personally believe that a baby should have both parents in their life unless he is abusive. It is not fair to keep the father away from their child because he is a cheater. It is using your child as a pawn because you are angry and hurting. Don't get me wrong, what he did is messed up but two wrongs won't make a right. Talk to him about it and see what he says, maybe he will agree with you. I hope you two can work it out for your baby.

Answer

If I'm not mistaken it varies from state to state. I believe regardless of the last name if or when they sign the certificate they have "parental rights" this is different that he rights you have. Since you are not married if he were to take the baby without permission ect it would be considered kidnapping because she is not legitimized. For him to have the sales rights as you he would have to go to court and pay to get the baby legitimized. But this is all I know so far  you should double check. Since it differs state to state. See can you get a free consultation with a lawyer who specializes in this area.

Answer

If they are on the birth certificate it gives the baby their last name. Also equal rights. In my state if he took her to his house you can't call the police to get her back due to him being on the birth certificate. But it is also vice versa if u keep her from him. The only way to get set custody is thru the court other wise it is just up in the air with who ever has her at the time. Now he can't go give the baby to his mom you can call the police to get her from her but if he has her it is nothing they can do. I live in Louisiana so I don't know about other places but that is how it is here.

Answer

I don't think it's the name or birth certificate that matters. If he's the father, he should have equal rights regardless.

Answer

It depends on the state you live in. In Ohio even if both parents are on the birth certificate, mom automatically has custody if parents are not married and nothing is setup through the courts.

Answer

Well where I live, regardless if you put his last name or not, he's the bio father and if he wants parental rights, he can have paternity established if he don't sign the bc. Regardless he's dad and you can't take that right away

Answer

Regardless if you stay together or not, you should give the baby his last name, let him have his rights as the father BUT get him for child support to ensure that you will have enough to be able to have a roof over that babies head and food. Try getting some type of assistance from the government to get you by. Something is always better then nothing. I have always told my fiancé that if we were to split up for whatever reason I won't ever take his kid from him but I will get him where it will hurt him and that is his wallet. It's not about being a gold digger or anything like that, it's about ensuring my son is always taken care of financially. And he agreed. Didn't put up a fight as long as our son is taken care of we will be there as parents. The fact that he is with someone else shouldn't take his title as father from him.

Answer

In my state (KS) if he is on the birth certificate then he has equal rights to baby as you do.  For instance he could take baby and you wouldn't be able to get her back without a court order or her dad willingly brought baby back.  Not saying this to discourage you or scare you.

With that said I have been in your shoes.  My ex cheated like he changed underwear.  I put him on her birth certificate and we tried to make it work but when she was about 6 months old another pregnant lady showed up at our home. I called my parents and moved home that night.  My next stop was the lawyers office.  Within no time at all I had a court order that said he couldn't take her out of my presence.

With that said I would just make sure to be ready to go see a lawyer after baby is born.  You might also check and see if you can find a lawyer to visit with (have a consultation) tell them the situation and they can give you advice on how to best proceed legally before she is even born.

Birth Certificate/last names???

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