QUESTION
Does my baby need his father last name in order to place him on child support or is it fine if my baby keeps my maiden last name?
Asked on Nov 15th, 2012 on Child Custody - Maryland
More details to this question:
My baby is not born yet. I am not with the father. I am in doubt of putting his last name because he's not on the picture and doesn't seem to care.
12 ANSWERS
Immigration Attorney serving Las Vegas, NV
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Reza Athari & Associates, PLLC
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Dear parent, If you are not married to the father and he is not involved in your life, then you will probably need to establish paternity. Under Nevada Revised Statute 126.051, a man is presumed to be the father of a child if he is married to the mother, if the mother and father were cohabiting for at least 6 months prior to conception and continue to cohabit through the pregnancy, or if a blood or genetic test shows a 99 percent, probability that that man is the father. Nevada Revised Statutes chapter 126 sets forth various other provisions for establishing paternity. Given the facts you provided, you will probably need to file a claim to establish paternity and have the father tested to establish that he is the father. He will be obligated to pay child support when it is established that he is the father.
Answered on Nov 20th, 2012 at 3:15 AM
Paternity will need to be established. Child Support Services will give him an opportunity to have a paternity test. His name does not need to be on the birth certificate to obtain child support.
Answered on Nov 16th, 2012 at 10:58 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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His name is not necessary.
Answered on Nov 16th, 2012 at 10:57 PM
Probate Attorney serving Arlington, TX
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Law Office of Eric J. Smith
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The child's last name is not a determining factor in determining child support. However, in the legal determination of paternity, which is required for a support order, the father may assert the right to change the child's last name to his. He has to affirmatively seek that, though.
Answered on Nov 16th, 2012 at 10:57 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The baby can have your last name and you can seek child support.
Answered on Nov 16th, 2012 at 10:57 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You don't say what state you live in, but in Colorado if you are not married you cannot put the man's name on the birth certificate at all unless he signs paperwork admitting he is the father. At least until the man agrees that he is the father, or when a court rules he is the father based on paternity testing, the child has no "legal father".
Answered on Nov 16th, 2012 at 10:56 PM
Steven D. Dunnings
After the child is born, if the father does not or doesn't sign an affidavit of parentage (not to be confused with a birth certificate, you will need to file an action for paternity to get support.
Answered on Nov 16th, 2012 at 10:54 PM
You do not have to give the baby the father's last name in order to apply for child support.
Answered on Nov 16th, 2012 at 10:47 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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When in doubt, put your maiden name on the baby's birth certificate. It is not that hard to change it to dad's later but it is almost impossible without dad's approval to remove his name.
Answered on Nov 16th, 2012 at 10:39 PM
The child does not need to have his father's last name in order to get child support.
Answered on Nov 16th, 2012 at 10:38 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Getting child support does not depend on child having fathers name.
Answered on Nov 16th, 2012 at 10:37 PM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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No. He does not but you may have to prove paternity if he denies he is the father.
Answered on Nov 16th, 2012 at 10:36 PM