If you are not married and do not give your child the father's last name, can he fight it at court to try to put his last name on the child?

I guess it is really a matter of why your child doesn't deserve his fathers last name. I think if he is not on the birth cert. than he can get a paternity test done to prove that the child is his and then fight for rights to that child. Although it takes time and money to do it, he has every right to do it!

The likely hoods are no, it would have to be proven 'in th ebest interest of the child' But really, you should give the child the fathers name and not be so selfish!

Well its not that I'm being selfish, he has verbally abused me throughout my whole pregnancy and hasn't been there for me at all he threatens me and all sorts of things and I don't trust him

You say that you aren't being selfish but you keep saying "me me me" think about your baby, a fathers love for his child has nothing to do with it's mother.

And I wouldn't be thinking about my baby if I wasn't thinking about his safety and he hasn't thought about his child for one second or provided anything for him.

Okay, well I am not going to sit here and fuss back and forth. Sorry to have ruffled your feathers. I hope everything works out for you, your babby, and your baby's father.

Good Luck.

Thank you appreciate it

Hey MarMar, I live in FL also. I also work in labor and delivery where these BC are created. You can name the baby whatever you want, the only way you can put the father's name on the BC is if he is present and swears with two witnesses that he acknowledges that he is the father and will be responsible for it for the next 18 years. I would not suggest naming the baby with his last name, unless you are definitely going to allow him have part in this babies life. HE DOES NOT HAVE ANY RIGHTS TO THE BABY UNITL PROVEN OTHERWISE. If his name is not on the BC then he can't even have the child for visitation but, that also limits you from receiving child support. If you feel like this guy is a threat to you or your child or he wouldn't create an outstanding citizen out of your child then don't push the issue with him. If he is verbally abusing you then quit talking to him, do you have caller ID, don't answer the phone!

It is your baby and you can give it whatever name you like. He can't do anything about that. Let him try. I am not saying he shouldn't be a part of your child's life, but as for naming the child, you as the mother have that right. Its up to you as to whether he sees the baby, without him getting it all legal through the courts. But try to think not whether he deserves to have a relationship with the child, but whether the child deserves to have a relaitonship with his father. That is far more important. Good luck.

You carried the baby, and are going to be the one who is going to have to go through the birthing process. You have earned the right to name your baby whatever you would like. Don't listen to the others who say "you don't have the right" and that "he's the father why wouldn't you give the baby his last name?'' That's completely up to you. I was married to the father of my baby, and now we are divorced. I'm 8 months pregnant and will not be giving the baby his last name. You, as the mother have the right to make that decision.

Hey MarMar, I live in FL also. I also work in labor and delivery where these BC are created. You can name the baby whatever you want, the only way you can put the father's name on the BC is if he is present and swears with two witnesses that he acknowledges that he is the father and will be responsible for it for the next 18 years. I would not suggest naming the baby with his last name, unless you are definitely going to allow him have part in this babies life. HE DOES NOT HAVE ANY RIGHTS TO THE BABY UNITL PROVEN OTHERWISE. If his name is not on the BC then he can't even have the child for visitation but, that also limits you from receiving child support. If you feel like this guy is a threat to you or your child or he wouldn't create an outstanding citizen out of your child then don't push the issue with him. If he is verbally abusing you then quit talking to him, do you have caller ID, don't answer the phone!

Hey thanks, yeah I contacted the hospital and they pretty much told me the same thing.. where in Florida do you live?. Well we are trying to work things out, we had a talk and he has apologized to my family and I.. I am almost due for labor I have 2 more months.. I am hoping that I will see a change in him and this will determine my decision, because I really do fear that he would do something out of the ordinary, I'm thinking of hyphenating our last names if everything goes OK.

You carried the baby, and are going to be the one who is going to have to go throught the birthing process. You have earned the right to name your baby whatever you would like. Don't listen to the others who say "you don't have the right" and that "he's the father why wouldn't you give the baby his last name?'' That's completely up to you. I was married to the father of my baby, and now we are divorced. I'm 8 months pregnant and will not be giving the baby his last name. You, as the mother have the right to make that decision.

Your completely right and that's exactly how I feel.

Children take a family name and you are just as much family to you child as the father. You should not feel guilty about wanting the same last name as your child.

Do what is in your heart.

I don't think he can fight the name, but he can sue you for custody and/or visitation rights and demand a DNA test to establish paternity if he wishes. He would be required to pay child support, so he may not bother.

Yeah and I don't think he wants to pay child support, that's another dilemma.. he can't keep a job he's already had about 4 jobs in the past 7 months of my pregnancy.. I don't know what he's going to do.

He is either going to suck it up and be a man or he will be a lame little boy! You on the other hand have the ways about you to protect and love your baby! Good luck to you!