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lady gadiva · Feb 2, 2010, 01:22 PM

I live in Alabama and I have a child out of wedlock. I refused to put the father on the birth certificate. I am now going for support. When it is found that he is the father do I legally have to give my child his last name? And does this entitle him to any rights to my child?

iamthecurious1 · Feb 2, 2010, 01:29 PM

With or without your collecting support HE HAS RIGHTS. I have only heard of one case personally where a court ordered a child's surname changed. Since he is not currently on the child's birth certificate there is a chance a paternity test will be ordered to prove that he is in fact the father. Once that is done he will have rights regardless of your desire unless he is proven to be a danger. He job hops, drinks on weekends, has a sting of girlfriends, cheated on you etc etc do not a bad or dangerous father make.

lady gadiva · Feb 2, 2010, 01:44 PM

But can he have her last name changed?

Justwantfair · Feb 2, 2010, 01:48 PM

Children born out of wedlock often retain the mother's last name unless the mother chooses otherwise, the court I doubt would enforce a change.

Justwantfair · Feb 2, 2010, 01:50 PM

I would like to note that you refused to add the father's name to the birth certificate and now you are pursuing him for child support.

You don't get it both ways, father's do have rights to their children and children have rights to be involved with both their parents despite the differences between them. So he will have rights to visitation and if he would like he can pursue more rights going forward. Visitation will not be connected to child support, so he will not have to be current on support to continue to be able to see his child.

lady gadiva · Feb 2, 2010, 02:01 PM

Is there anything I can do to keep him from my baby?
The only thing I want is support for my baby not having to see him or have my baby have to see him!

ScottGem · Feb 2, 2010, 02:01 PM

You committed perjury by leaving the father's name off the birth certificate. A birth certificate is a legal document and completing it falsely is perjury. Will you be prosecuted for it? Highly unlikely but possible.

Since you didn't include him, a paternity test will have to be performed to verify he's the father. He can then request that his name be added to the birth certificate, but not necessarily to change her name. It would be up to the court to order that. What you are missing is the result of the paternity will establish his rights. As soon as the paternity test comes back as positive he will be confirmed as your child's legal father. With all the rights AND responsibilities of a father.

lady gadiva · Feb 2, 2010, 02:12 PM

Originally Posted by lady gadiva

is there anything i can do to keep him from my baby?
the only thing i want is support for my baby not having to see him or have my baby have to see him!

This was my question. And it has not been answered! I will say here what I said in my other question! You are all children playing at knowing the law! I ask a question and you evade it! I am reporting this site for false representation!

Justwantfair · Feb 2, 2010, 02:13 PM

Is there anything I can do to rob the AmCore bank across the street and not get caught?

Is that the false representation we present when not a soul on this site would answer that question?

cdad · Feb 2, 2010, 02:14 PM

You already received an answer to your question. What more did you want ?

ScottGem · Feb 2, 2010, 02:41 PM

Originally Posted by lady gadiva

is there anything i can do to keep him from my baby?
the only thing i want is support for my baby not having to see him or have my baby have to see him!

Originally Posted by lady gadiva

this was my question. and it has not been answered! i will say here what i said in my other question! you are all children playing at knowing the law! i ask a question and you evade it! i am reporting this site for false representation!

Excuse me, but that was not your original question. Your original question was whether you had to give your child his name and whether that would give him rights. I answered that question rather directly. Once he is deemed to be the legal father he will have all the rights of ANY father. How did that not answer your question?

That also answers your subsequent questions. All you may want is support but its not about what YOU want its about what the laws the allow. While laws do vary from place to place, you cannot keep the baby's father from HIS child unless you can prove he is a danger to the child.

Now, I have to wonder at why you have attacked us for trying to help you. Do you have some hidden agenda here? Your reactions are very trollish.

iamthecurious1 · Feb 2, 2010, 02:46 PM

Ok fine young one, if any combination of the following "fit" then there is a very very slim chance the court will not allow him rights to the child you two share. 1. You were a child and he was an adult, not 16 & 18 more like 12 and 20 when you got pregnant 2.He is currently serving time for dealing drugs to small children 3.You currently have a long standing Protective Order against him- not one you happen to run out and apply for in an attempt to keep him from the child 4.Your dates are off and DNA excludes him as the father. 5.The child was conceived by rape or incest and the court has existing documentation of such. If he is proven to be the father and even if he doesn't pay ordered support HE STILL HAS RIGHTS. Yes he can get in trouble for not financially supporting the child but child support and parental rights (visitation etc) are not one in the same. Food for thought: If paternity is proven he has just as much right to the child as you do. Based on your own admission of attempting to remove him from the child's life and "use" him only for support, I'd personally gear up for a potentioal legal battle in the near future. Courts nowadays look at these things a lot differently than they used to and they certainly encourage BOTH parents actively being in a child's life.

carpenter-t · Feb 2, 2010, 02:47 PM

You can collect support,and tell him to keep away,if the child already has your name he can not change it with out your permission.he would need to go to court to get legal visiting rights.then you would need a good reason to keep him away such as abuse,drug problems,etc.

That's how it works here in Massachusetts.

ScottGem · Feb 2, 2010, 03:26 PM

Originally Posted by carpenter-t

bthats how it works here in massachusetts.

That's generally how it works in most states. If the father is not listed on the birth certificate then he has no rights until he is declared the legal father. And before support can be ordered he will have to be declared the legal father. But support and custody/visitation are considered separately. So The OP can get a support order without having to give visitation. BUT, if the father decides that he wants visitation he can file for it and will get it unless the OP can prove he is a danger to the child.