Single Pregnant Mothers-to-beSingle Pregnant Mothers-to-be

Last Names/Incorrect Legal Advice

shell88015

Jul. 2, 2008 at 12:11 PM by shell88015
posted to Single Pregnant Mothers-to-be

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After seeing posts and replys in several communities about which last name to give the child, I felt I needed to post.

Please be careful with any advice, especially legal advice, you receive via mouth. Do extra research.

One of the main pieces of advice I see given that is incorrect is that "If his name is on the birth certificate, that's all you need." In many states, this is INCORRECT.

For example, in Florida, if you have a child out of wedlock, that child legally has no father. It does not matter if his name is on the birth certificate. The father (or mother for that matter) files a petition for paternity. Both go to court, and either both agree that the father is the father, or one objects, and you go for DNA. Once either of those things happens, the judge adjucates the father the father.

How do I know this? Because my daughters father is on my daughters Birth Certificate. And, per the judge, and my lawyer, that means crap, because we were not married when she was born. I have 100% of the rights to her. That doesn't mean he can't establish them at some point, but until he does, there ya go.

Anyway, I just wanted to mention it. You can get yourself into a pretty sticky position legally if you have wrong information, so you want to be careful.
Written by shell88015 on Jul. 2, 2008 at 12:11 PM Send shell88015 a message

Replies:


eterran

by eterran on Jul. 3, 2008 at 3:51 PM

 That is so interesting.  I think it makes so much sense to do it that way.  It's hard to only have 50% parental rights and the other "parent" is completely absent.  Legally, in California and Oregon, there's not much I can do about that except take him to court for full custody.  Otherwise, he could show up one day and pick her up from school after meeting her once in her life.  And, he would still have some parental rights. Crazy.  I gave my daughter my last name, and that has simplified our lives tremendously, and I think helped her to feel more grounded than if we had different last names.  His name is on the birth certificate, but there's no other information on him.  When my daughter was 1, he wanted a paternity test, so he is definitely officially her father. 

The one problem I've really come across with all this has been when I've wanted to travel internationally.  Most countries require a child to be accompanied by 2 parents, or supply a notorized "permission" letter from the absent parent.  (Trying to get that resulted in a very interesting phone call with her father that I'll have to share with you all sometime).  Or, a birth certificate that shows only one parent.  When I went into Canada, they weren't going to let me through, but they interviewed me for 20 minutes or so and wanted to know the whole story.  I showed them the birth certificate with missing information on the father, and they believed me and let me through.  But, it will be more complicated with other countries, I think.  I wanted my daughter to officially have a father, but now, I think I would have opted to put only my name on it.  His name on there really can hold you up. 

BTW, to all the October babies to be, my daughter was born October 12.  A great month for babies!

Eve
Olixa

by Olixa on Oct. 8, 2008 at 4:31 AM

I live in Canada and I am married thus according to the law the baby is presumably my husbands although we all know otherwise.  i don't want child support as this will only make my life more complicated. I want the bio-father out of my life for good. I want this child to hold the same last name as my two other children (for consistency sake) as well as to have access to the private french school (my hubby is french and this is a criteria for acceptance).  My hubby and i are co-habitatiing although we are separated for financial and shared parenting responsibilities.  

So, do i leave the father information blank, input my husband's info or put the bio father info. on the birth certificate.

At first, my husb. said that he would adopt this child as his own legally but given the lack of emotional support from him during this time, I told him that i was not sure if this was the best for my baby as i am not going to force anyone to do anything out of perceived obligation.

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