Can the babys father have the name changed without my permission?

Question

im bout 20 weeks pregnant and in the begining me and the father was goin to try and work things out and stay together that didnt work but we were still friends and i was still planning on giving the baby his last name and lettin him see the baby when he wants. but now things have changed he has been a total jerk texting me sayin that im spreading rumors bout him and im not and telling everyone else that its not his kid thats its someone elses but when i ask him bout it he says he never has said that and i have heard it from lots of people. and the other day i had to put a restraining order on his mom cuz she is physco she has been haressing me and puttin me under alot of stress which is bad for the baby. so now me and my family agree he does not deserve the last name but if i dont give him the last name can he take me to court and get it changed even if i dont agree and if he pays child support will he get custody or just visitations and he is also goin to the navy after he graduates

Answer 1

He can't change the name without your permission.  He can apply through the courts for visitations and he can apply to have his name added to the certificate but he can't change the name without your permission.  He would have to prove you unfit in order to get custody.  He can be order to pay childsupport.

Answer 2

I can't believe people who can be so immature can have children.

Answer 3

No, both parents have to give legal consent for a name change.     He can petition the court to have it changed, and you have to be legally notified of this petition but you can fight it in court.  No, paying support will not give him custody, but he more then likely will be granted visitation rights.  As soon as the child is born make sure you talk to a friend of the court and petition for a court ordered agreement of visitation as well as child support.

Answer 4

you can name your baby wahtever you want, he has no say, the only thing that can happen is when it comes time for the birth certificate, then you can either put him down (which you dont have to) if you dont put him down, there will be no argument, other then he might take you to court, and then it would be both the names, but he would have to fight, and it takes alot of time, and he has to pay for paternity testing etc.

now if you were to put his name down as the father, there is a thing that you both have to sign, and it asks if you agree with the last name, if he write no, which im sure he would, then waht will happen is they will use both names.

so there you have it.

Answer 5

last i knew he couldnt take you to court for choosing what you want to name your baby if hes no longer with you he really has no say in anything..

Answer 6

Even though he's being a jerk, I would still give the baby his last name. Three reasons:

It's not the child fault the guy is being a jerk. When the child is older, he/she will want some kind of identity with the father, even if it's just the name.

I think it will be easier to get child support if the child has the same last name as the father. I'm not positive on this one.

If you give the baby your last name, people are going to accuse you of not knowing who the father is. You won't believe how nasty people can get. They might even tease your child when he/she is older.

Whatever decision you make, make sure it's in the best interest of your baby's future. Not your interest and certainly not out of spite.

These are just my thoughts. Good luck with your decision.

Answer 7

My fiance and I have had two children. Each time in the hospital, they did not even once ask him to do anything. I was given the papers to show what their names would be. (it was kind of frustrating for us actually because i wanted him to be part of our babies' lives) It's all up to you, though. He has no say in it, even if he was there. If you were married they might give him some consideration, but otherwise, you are the mother and therefore, you are the boss. He can only "try" to get custody by first taking you to court and going through your local child support agency. A court will not give him custody unless you are unfit. They will probably suggest visitation of some sort, but that's it. Good luck!

Answer 8

That's c**p. My boyfriend tried pulling the same bull for a while (I'm due in 5 weeks now).

He is just trying to get a rise out of you.

Mine was making all the same threats as yours after I said the baby wouldn't have his last name. He said he would try to get full custody, he would have her last name changed, etc. Plus, his mother was calling me up making threats and giving me a hard time as well. Calling me names, spreading rumors about me amongst their friends/family... the whole nine.

Anyway, I looked into this a lot after their little threats.

You do NOT have to put his name on the birth certificate. When the baby is born, the nurses bring YOU the paperwork, not the boyfriend. You two are not married, as far as anyone else is concerned, he's just "some guy."

That being said, you have sole custody and will be considered a single mother. He would have to pay out of pocket for a paternity test and for legal council, which are both pricey, before he could even attempt any sort of custody battle.

He has no rights whatsoever. And you can easily get child support without putting him on the birth certificate.

When you go through the department of social services for child support, even though this is not necessarily fair because in some cases, the mothers are indeed lying... But DSS assumes you are telling the truth and therefore, the man does not have to be on the birth certificate for you to collect child support from them. And if they claim they are not the father, THEY have to pay for the paternity test that proves otherwise.

Don't worry about his threats, just ignore his calls. You're only 20 weeks along, thats when my drama started as well. You have a lot of time before your baby comes, things will settle down and his anger will subside.

You have to put your foot down and show him who is actually the boss here. You have all the control even if he makes you feel like you don't. Don't forget that.

Congratulations, btw. =)

Edit: Don't listen to some of the c**p people are writing. You shouldn't give the child his last name if you two are not together unless YOU want to. He can still be involved with his kid even if he/she doesn't have his last name. You are not denying him his right to fatherhood.

And no one is going to make fun of him/her when she's older for not having her fathers last name. When you were a little kid, did you know if your peers last names were from the mother or the father? No. Kids have no idea about that kind of stuff.

You are doing what is in your and the child's best interest. If the father of the baby is spiteful and childish and thinks threatening the mother of his unborn baby is the way to get what he wants, giving him additional custody rights is NOT doing whats in the child's best interest. That doesn't sound like the type of person who should be left alone with an infant.

Answer 9

Unless a father can prove that a mother is unfit, a court will not rule a father complete custody.  Joint custody is about all he would get.  And the mother choses the last name at the time of the birth.  I do not think this can be changed without her consent.

Answer 10

I doubt it. Don't let him sign the birth cert. I had my girl and gave her my last name . Your the custodol parent even if you got child support cant change. If he pays support and he's looks good to the court yes he can get visitation. But if he's a harm to the baby mentally or ect. You can prove it and he has to have a person watch him with the child. Or he cant see the child at all. Just ask advice to a lawyer (fo online free advice)I had simiular issues. My ex is a deadbeat now. dont let them control you it will only effect you and the baby worse go on with your life. I tried to let the father be apart and he still f..up so I let his mom have her every other weekend and he still doesnt really see her. And if he messes up anymore she wont let him see her also. Get a support system. I hope this helped.

Answer 11

.... You can't be old enough to have children.