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    jaw0214's Avatar
    jaw0214 Posts: 1, Reputation: 1
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    #1

    Jun 22, 2008, 08:06 PM
    Birth certificates and custody of an unborn child.
    I am 9 months pregnant and am due to deliver in 3 weeks. My husband kicked me out of our house in April of this year and I have been living with my mother since then. We have yet to file for divorce, but I plan on doing so after the baby is born. My husband does not want any part of the birth of our daughter or to even come to the hospital to see her. Even though he does not want to be there he wants partial custody of our child. If we are married does he have any legal rights to our unborn child. Also, can I legally put the father as being "unknown" on the birth certificate and does my daughter have to have his last name? Let me also say this... we were not married when I became pregnant... does that have anything to do if I put "unknown" on the birth certificate!
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
    		  
    #2

    Jun 22, 2008, 08:11 PM
    Does he have legal rights to the child. Yes because your married.

    Can you put father as unknown. No because you would be breaking the law unless that's the reason why your getting a divorce.

    Does the child have to receive his last name. In a lot of states that answer is NO. You can name a child basically any name you wish. How do you think Moon Unit got her name ?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jun 22, 2008, 08:47 PM
    You may not list him as the father, but in some states just because you are married he is considered the father, and in all the other states if you don't list him, during the divorce he can require a DNA test to prove he is the father,

    And he can always get visits and even joint custody.. You can not stop him from havig his rights with the child
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #4

    Jun 22, 2008, 09:01 PM
    Quote Originally Posted by jaw0214
    If we are married does he have any legal rights to our unborn child.

    The father has no legal rights to an unborn child.

    Also, can I legally put the father as being "unknown" on the birth certificate and does my daughter have to have his last name?

    You aren't serious about putting "unknown" on the birth certificate, are you?

    Welcome to AMHD!
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