QUESTION

Are there legal consequences of giving our baby the father's last name?

Asked on May 25th, 2015 on Child Custody - California
More details to this question:
My baby's father left me and I am having our son in 4 weeks. I want to give the baby his last name. Are there going to be any issues with custody if I give the baby the fathers last name? Will I have a bad chance of getting custody or will there be complications?
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3 ANSWERS

There should be no particular implications regarding custody or placement if you give your child the father's family name. And it's likely a good idea. You are entitled to seek child supportwhich after all can be a big help with the costs of raising a child. If the father wants to demand some degree of placement, he can do so whatever name the child bears.
Answered on Jun 04th, 2015 at 11:36 AM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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Custody is not at issue. I assume you and the father are not married. Will he be on the birth certificate by signing an affidavit of paternity. Will he file with the court to establish himself as the legal father? Will you? Will you (or the state if you receive any public benefits) file for child support? In other words, what last name you give the child has very little significance and doesn't change either of your rights or responsibilities. What you do re establishing his legal paternity is what counts. This should be done as quickly as possible after the child is born so as to establish whatever relationship there will be between father and child and to provide support for the child. Of course if you don't want him in the child's life and are not dependent on anyone else for support, then don't call him when the baby is born, don't tell him your whereabouts and don't give the child his name. All of that will leave it up to him to go to court and establish his rights and responsibilities, which he may or may not do.
Answered on May 26th, 2015 at 1:41 PM

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Personal Injury Law Attorney serving San Diego, CA at Law Office of Robert Burns
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The name will be evidence of paternity. His departure will have far greater consequences for determination of custody.
Answered on May 25th, 2015 at 11:28 PM

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