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    ShonaB's Avatar
    ShonaB Posts: 2, Reputation: 1
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    #1

    Apr 18, 2012, 06:06 AM
    Legal rights of a mother
    Do I have to give my son his fathers name if we were not married and have since separated?
    Wildsporty's Avatar
    Wildsporty Posts: 445, Reputation: 38
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    #2

    Apr 18, 2012, 06:24 AM
    You can give your son your maiden name. This is perfectly legal since you were not married.

    Shirley
    ShonaB's Avatar
    ShonaB Posts: 2, Reputation: 1
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    #3

    Apr 18, 2012, 06:28 AM
    Can the father legally force me to change the child's name to his?
    Wildsporty's Avatar
    Wildsporty Posts: 445, Reputation: 38
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    #4

    Apr 18, 2012, 06:30 AM
    If you were not legally married I do not think he can force you to do so. He would have to do a paternity test which you do not have to agree to and than he has to go to court to get it ordered. If he is proven to be the father than it would be up to a court to decide, but it would be a court process and you would have a right to say why you do not want the child to have his name.

    Once a child has been given a name it would be very hard to have it overturned.

    Shirley
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Apr 18, 2012, 08:09 AM
    The mother can name the child anything she wants ( at least in the US)
    The father may file suit and try, but has little chance of winning if they are not married.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Apr 19, 2012, 12:18 PM
    Where is this? FrChuck is correct - the MOTHER picks the name. You're the mother, you pick the name, your HUSBAND doesn't like it, he would have to take you to Court to get it changed. Being married or not married does not matter.

    Stranger things have happened.

    And as far as being overturned, I've seen the father demand a name change and have the request granted following Court-ordered DNA. Doesn't happen often - but it does happen.
    Wildsporty's Avatar
    Wildsporty Posts: 445, Reputation: 38
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    #7

    Apr 19, 2012, 01:25 PM
    One thing to think about. The court does not care about you nor about the father . The court will always do what they think is the right thing for the child.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Apr 19, 2012, 01:30 PM
    Quote Originally Posted by Wildsporty View Post
    One thing to think about. The court does not care about you nor about the father . The court will always do what they think is the right thing for the child.

    Excellent addition and something I forgot to mention. Absolutely very important.
    Wildsporty's Avatar
    Wildsporty Posts: 445, Reputation: 38
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    #9

    Apr 19, 2012, 01:32 PM
    Yes, I have two adopted children and I had to fight for them. I spent 3 years in court. They are not my natural born children but they are my sons.
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