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franko0308 · Nov 5, 2008, 04:37 AM

I currently have full legal and physical custody of my child. Father has visitation and is asking to be put on birth certificate and change child's last name. Does doing this change my legal and or physical rights? What legal rights does it give the father?

Father and I were never married, there has been a paternity test that establishes him as the father. Child is 3 yrs. Old

ScottGem · Nov 5, 2008, 06:58 AM

Changing the because and the last name does not change your rights assuming they were granted by a court. I'm assuming they were granted after paternity was established.

However, the father could petition for changes, especially in legal custody.

franko0308 · Nov 5, 2008, 10:14 AM

Yes, they were granted by the court after paternity was established.

Does he need her social security number to create a bond for her?
Am I obligated to give him that information? Can a passport be used to create a bond for her?

stinawords · Nov 5, 2008, 10:19 AM

I'm surprised he hasn't been added to the because already most judges order that be changed as soon as the results come back. What type of bond is he trying to do? Really, since paternaty has already been established all he would have to do is go back to court again to petition the judge to change the because

ScottGem · Nov 5, 2008, 11:09 AM

Please define what you mean by bond. If he is buying a savings bond for her, then it would be a good idea to pur her SSN on it.

franko0308 · Nov 5, 2008, 01:32 PM

I believe it is a savings bond. My concern with giving him her social is that he might use it illegally. I've heard about people using their children's soc #'s to open credit card accounts and screw up their credit. Maybe I'm just being paranoid but he's not a very honest man in general, especially when it comes to money. Any advice?

franko0308 · Nov 5, 2008, 01:36 PM

As for your question as to why it wasn't done already (name on b/c) I'm not sure. Father was ordered to do drug addiction evaluation and rehab and there were other issues, maybe it was just overlooked? What would be reasons not to order name on because at time of paternity confirmation?

ScottGem · Nov 5, 2008, 01:41 PM

If you are concerned, then go with him to buy the bond. Or make sure you monitor the child's credit report.

franko0308 · Nov 5, 2008, 02:05 PM

Thanks, you have been a great help.

franko0308 · Nov 5, 2008, 02:12 PM

One more question, putting his name on the because does not automatically give him "equal" legal rights then, correct? It is my understanding that even if the change to the document is made after the court order, he would have to petition changes, correct?

Sorry about the density of my brain, I just want to make sure I understand the law correctly.

cdad · Nov 5, 2008, 03:27 PM

Originally Posted by franko0308

One more question, putting his name on the bc does not automatically give him "equal" legal rights then, correct? It is my understanding that even if the change to the document is made after the court order, he would have to petition changes, correct?

Sorry about the density of my brain, I just want to make sure I understand the law correctly.

Im going to try to clarify this. When his name goes on the birth certificate he will have legal rights just as you have. But the scope of his rights is limited to the court orders. So if you currently have 100% legal rights ( meaning you make all the decisions ) then after he signs the birth certificate you still have the 100% legal rights by court order. What it can and will do is should something happen to you then he will be the named father of the child and he then could receive custody over any others providing he's not dysfunctional.

So no its not going to change unless its taken back to court. But it is important to know the value of his name being placed on the birth certificate.

franko0308 · Nov 5, 2008, 04:21 PM

What if father IS dysfunctional and would not be in child's best interest for father to have sole legal custody? Is there a way to award custody to a set of grandparents initially if something were to happen to the mother?

What value does fathers name on because have?

stinawords · Nov 5, 2008, 04:28 PM

Even if his name is not on the because the court already knows that he is the father so he would get first dibs on his kid should (god forbid) something happen to you. Children are not possesions and can't just be given away in wills. The fathers name on her because serves many purposes mostly for medical and legal reasons that don't always come up but do enough to make it useful. The fact remains that all it would take is him asking and his name will be on it there is no reason for you to try to fight it because you will loose.

ScottGem · Nov 5, 2008, 06:25 PM

It depends on the order of things. If the father's name is put on the BC before any court action, then he would have joint legal custody.

But in this case, since putting his name on the because is the result of a court order establishing paterntiy and custody, then it wouldn't.

franko0308 · Nov 5, 2008, 09:11 PM

Putting the name on because is not a result of court order, father is just requesting this, I have not been ordered by court to do so.

ScottGem · Nov 6, 2008, 06:54 AM

Originally Posted by franko0308

Putting the name on bc is not a result of court order, father is just requesting this, I have not been ordered by court to do so.

I understand that, but the point is, that since a court order is alreay in place, adding him tyo the because won't affect that.

franko0308 · Nov 6, 2008, 11:38 AM

Thanks you have been very helpful :)