QUESTION
What should be done if we want our daughter to give the baby her last name?
Asked on Mar 31st, 2014 on Child Custody - Idaho
More details to this question:
My daughter is pregnant and not married to the father. The father wants the baby to have his last name, but he owes back child support on two prior children (ages 5 and 3). He moves from job to job and there are garnishments on any additional monies (income tax and his share from his grandmother's estate etc.). We are supporting our daughter and paying all the medical bills (she is living at home).
5 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally the child can be, and will have on the birth certificate the name selected by the mother.
Answered on Apr 04th, 2014 at 9:19 AM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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The baby's last name and support for other children have nothing to do with each other. What she does when she delivers the baby is up to her. She can choose to name father for the birth certificate or not. She also chooses the name of the baby for the hospital to put on the birth certificate. If he has a problem with that, he can go to court, obviously, if the baby is his, he will be named the father and added to the birth certificate, so she may want to name him as the father on the initial birth certificate. From my experience, he is unlikely to be successful in trying change the baby's name if she doesn't want it changed. When/if they go to court, the court will also address child support and a visitation schedule. Until there are orders, neither is obligated to provide support or visitation to the other, but it will look better to the court if dad pays to help with the baby and mom allows some visitation with the baby.
Answered on Apr 03rd, 2014 at 6:39 PM
It is not your choice. Your choice is to be good grandparents.
Answered on Apr 03rd, 2014 at 6:39 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You can hope he doesn't file for paternity. Otherwise, the statute in Idaho says that if a man is determined by the court to be the father, the birth certificate should so indicate and the name should be the father's.
Answered on Apr 03rd, 2014 at 6:39 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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It's up to her to give the baby a last name. Is this father going to be doing anything to make himself a legal father or will your daughter do anything about it? The name is the least of her problems. However, once the name is given, it's not easy to change it.
Answered on Apr 03rd, 2014 at 6:39 PM