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ScottGem · May 22, 2007, 10:11 AM

If the child is only 2 months old, then none of the time isssues will truly apply. IF the bio father takes a paternity test and it shows he IS the bio father, then his rights can be enforced. He would have to go to court, but there is a good likelihood (sorry, Nighteyes but you are incorrect here) that he can have his name on the because. However it is less likely, but possible, that he can force the child to take his name.

It is almost a given that he will be granted visitation rights if he asks for them.

GV70 · May 22, 2007, 10:24 AM

Scott, I am not sure that it is almost a given that he will be granted visitation rights if he asks for them...

ScottGem · May 22, 2007, 10:39 AM

If he is proven the bio father and there is no issue of danger to the child (prior record of abuse), then I think he would be granted visitation.

lovinglife7 · May 22, 2007, 10:53 AM

Originally Posted by n9182004

I had a baby with a married man who at the time didnt want nothing to do with the pregnancy or the baby. While I was pregnant I got married so when my child was born my child had my husbands and my last name

Now the biological father ( which is still married) want to be involved in the childs life after a paternity test but wants his name on the birth certificate and the child be given his last name

How can allow him to be involved with out having to change the last name?

I think you should keep your child's name the way it is. You have been there for your child from day one and that's what matters. Just because the "father" now decides he wants to take responsibility does not mean that you should have to change your child's last name. I have a 13 month old daughter from my previous relationship with a married man and she has my last name. He wasn't there at the hospital when she was born and his name isn't even on her birth certificate, I don't care if he decides one day that he wants to be a part of her life, I am not changing her name. He can add his name to the birth certificate without changing the child's last name.

GV70 · May 22, 2007, 10:58 AM

Originally Posted by ScottGem

If he is proven the bio father and there is no issue of danger to the child (prior record of abuse), then I think he would be granted visitation.

OK-let me introduce my opinion.
The court can follow three ways:
1.To reject his paternity and to remain the husband as a /legal/father.In this case the biological father does not have standing for visitation.
2The court can conclude from paternity suit that it is in the best interest of the child to stay with his/her family and as follows the husband is the legal father.In this case the biological father has very little odds for visitation
3.The court can decide that the biological father is THE FATHER... and in this way is the legal father.That means he has right for custody/legal and physical-parent time or visitation.

ScottGem · May 22, 2007, 12:00 PM

Originally Posted by GV70

The court can follow three ways:

I think you miss a fourth option. The Court can acknowledge the paternity but decide that the child's best interest are served by allowing for an extended family. Thereby investing custody in the mother and her family, but giving visitation and other rights to the bio father.

This, is, in my opinion the most likely scenario in THIS case.

GV70 · May 22, 2007, 12:46 PM

Originally Posted by ScottGem

I think you miss a fourth option. The Court can acknowledge the paternity but decide that the child's best interest are served by allowing for an extended family. Thereby investing custody in the mother and her family, but giving visitation and other rights to the bio father.

This, is, in my opinion the most likely scenario in THIS case.

The dual paternity is recognized only by Louisiana.Other states do not allow the fourth opinion.

ScottGem · May 22, 2007, 01:02 PM

What dual paternity? The mothers husband is the step-father! Custody is invested in the mother. Paternity in the bio father. Happens ALL the time.

tawnynkids · May 22, 2007, 01:05 PM

It truly doesn't matter. The bottom line is she has the right to ask that the last name not be changed and he has the right to ask that it will be changed. Having proven paternity that is. He further has the right to ask for a custody/visitation order and be involved in the child's life and she has the right to answer to that. HOWEVER, it is all going to be up to the judge plain and simple.

GV70 · May 22, 2007, 01:09 PM

Originally Posted by ScottGem

What dual paternity? The mothers husband is the step-father! Custody is invested in the mother. Paternity in the bio father. Happens ALL the time.

It is not legaly clear...
What is Paternity?

Paternity means fatherhood. When a married woman gives birth, her husband is presumed to be the father of the child.
There are two presumptions... The husband is presumed father,the other is the biological father... Here is the legal problem-the biofather cannot have right for visitation without disestablishing of husband's presumed paternity.

GV70 · May 22, 2007, 02:32 PM

n9182004-Why you do not want his name on the BS and do not want to change your child's last name?
Disputes about naming typically arise at one of two stages: choosing the child's name that will appear on the birth certificate, and attempting to change that name later.

When the child is born, the parents may disagree about what surname should appear on the birth certificate. Many states have statutes with explicit instructions for resolving such disagreements.

In Florida, for example, a child whose mother and father both have custody but cannot agree on a surname will be given both, hyphenated, with the names appearing in alphabetical order. Other states provide that a court must decide, based on the best interests of the child, what surname should be entered on the birth certificate in the case of parental disagreement.
Louisiana- the child's last name on the birth certificate may be the last name of the father, if the mother agrees; or the child's last name may be a combination of the last name of the father and the mother's maiden name.
Summary-If the parents can't agree on a last name for the child, the law says it must be the
Parents' last name (if they have the same last name), or a combination of both
Parents' last names in alphabetical order. It is important to know that a combination last name can be made up of two names only.

steviebeezie · May 23, 2007, 10:47 AM

State laws affect the outcome--agreed. However, an old commonlaw rule that probably applies in absence of any other rules is this: the man whose name is on the birth certificate is the legal father. This rule was created to protect women (who at the time had few means of support and whom could have their lives ruined if their reputations were impuned) from financial ruin should their husbands decide to change their minds about being the father of their wives' children.

The only complication is that, with DNA tests available, the biological father can attempt to prove his paternity. But you have the legal recourse to try to block this paternity test. I would do so if at all possible. But seriously, consult a family lawyer who knows your state rules and regulations. None of us are qualified to give you better advice. I know attorney's are expensive, but if you have to fight the bio father, chances are you're going to need to retain one sooner or later anyway. Good luck.

n9182004 · May 23, 2007, 08:33 PM

Originally Posted by GV70

n9182004-Why you do not want his name on the BS and do not want to change your child's last name?
Disputes about naming typically arise at one of two stages: choosing the child's name that will appear on the birth certificate, and attempting to change that name later.

When the child is born, the parents may disagree about what surname should appear on the birth certificate. Many states have statutes with explicit instructions for resolving such disagreements.

In Florida, for example, a child whose mother and father both have custody but cannot agree on a surname will be given both, hyphenated, with the names appearing in alphabetical order. Other states provide that a court must decide, based on the best interests of the child, what surname should be entered on the birth certificate in the case of parental disagreement.
Louisiana- the child's last name on the birth certificate may be the last name of the father, if the mother agrees; or the child's last name may be a combination of the last name of the father and the mother's maiden name.
Summary-If the parents can’t agree on a last name for the child, the law says it must be the
parents’ last name (if they have the same last name), or a combination of both
parents’ last names in alphabetical order. It is important to know that a combination last name can be made up of two names only.

My husband has been with me throughout the pregnancy and delivery and been taking care of the child.. and now that the bio wants to be part of her life He wants her named changed to his... Why would I want her to have the last name of the man who has denied he was the father and when he knew he didn't want anything to do with her from the beginning... My husband has been her Dad since before she arrived... It would be a slap in the face to just change it to someone who didn't want to acknowlge her