I'm 4 months pregnant and the father of the child and I are no longer together. For personal reasons I want to give the child my last name, not his. He says he can CHANGE the baby's last name once a paternity test is done. Is that correct?
Also, I want primary custody and would agree to give him visits on the weekends. I'm currently unemployed but seeking work, but I do have a stable living environment. He is employed, currently living with his mom, in the army reserves, but he's married. Does he have more rights to the child or a better chance at custody than me?

He can't change the child's last name to his - what you put on the birth certificate is going to "stick." He can try, of course, but he won't be successful.

I would go to Court, file for support (when the child is born). If he wants custody/visitation, then he will file for it.

You have equal rights - it sounds like he cannot care for an infant but you can. I can see split custody - 1/2 with you, 1/2 with him - somewhere down the road but not at this time.

As long as you are not a danger to the child in some way (you can feed/clothe/house the child) you will "probably" get primary/custodial custody.

It's hard to guess what the Court is going to do so this is just a rule of thumb.

Depending on the state. In mississppi if the father is in the child's life weither your married or not the courts will grant the last name.

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Originally Posted by d.hayes89

Depending on the state. In mississppi if the father is in the childs life weither your married or not the courts will grant the last name.

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This is not correct - the "father" cannot change the child's last name to the last name of the father without PROOF that he is he father and then it is still the decision of the mother whether to allow the change.

Perhaps I am misunderstanding what you are asking - please post your research or where you read this.