13 answers

Birth Certificate and Fathers Last Name

I KNOW ALOT OF US PLAN TO HAVE A HUSBAND AND THEN CHILDREN BUT THAT IS NOT ALWAYS THE CASE FOR EVERYONE.
SO MY 19Y/O SISTER HAD A BABY ALMOST 4 MONTHS AGO. WELL THE FATHER HAS YET TO SEE HIM AND WANTS NOTHING TO DO WITH HIM.
SO TUESDAY (TODAY) SHE IS GOING TO COURT FOR THE DNA TEST SO SHE CAN CLAIM CHILD SUPPORT.
(GOOD FOR HER!)
WELL PEOPLE HAVE PUT ALL KINDS OF THINGS IN HER HEAD TO SCARE HER FROM DOING THIS. I WANT HIM TO AT LEAST HELP WITH THE BILLS EVEN IF MY NEPHEW NEVER KNOWS THIS MAN.
I ALSO WANT TO HELP HER BE COMFORTABLE WITH TAKING HIM TO COURT BUT, THE TRUTH IS I HAVE NO IDAE WHAT IS TRUE AND WHAT IS FALSE.
SO HERE ARE A FEW THINGS AND IF ANYONE KNOWS PLEASE TELL ME SO SHE DON'T GIVE UP AND LET THIS BOY WALK.
1ST WILL HE BE ABLE TO CHANGE HIS SONS LAST NAME TO HIS IF SHE DOESN'T WANT HIM TO?

2ND WHAT ARE HIS CHANCES OF TAKING HIM FROM HER?
SHE IS A GOOD MOM EVEN FOR HER AGE AND LIVES W/MY MOM TO HELP.

3RD IF HE DOES DECIDE TO SEE THE BABY CAN SEE GET SUPERVISED VISITS?
I KNOW THAT SORTA DEPENDS ON THE CASE AND JUDGE BUT WHAT ARE HER CHANCES?

I WOULD REALLY LIKE ALL THE INFORMATION I CAN GET FOR HER.
EVEN IF YOU ONLY KNOW 1 ANSWER PLEASE RESPOND.
HELP ME FROM KEEPING HER FROM LETTING HIM OUT OF SOMETHING HE HELPED MAKE?
THANK YOU SO MUCH,
T.

What can I do next?

So What Happened?™

I WANT TO THANK EVERYBODY FOR TAKING THE TIME OUT AND HELP ME HELP MY BABY SISTER. ALL OF YOU HAVE BEEN SUCH HELP.
SHE WENT FOR THE DNA TEST AND SHE IS NOW GONNA TRY TO GET SOLE GUARDIANSHIP!
SHE IS STILL A LITTLE SCARED BUT SHE IS DOING THE RIGHT THING.
I WILL KEEP ALL OF YOU UP DATED AND THANK YOU AGAIN!
T.

Featured Answers

Well, the judges will definitely grant the father some kind of visitation if the father requests it. Most judges push for some kind of contact between the parent and child. If you want supervised visits between them, you have to explain to them why the father can't see the child alone. I got a divorce about a year ago and that's all I can help you with. Good luck!

1 mom found this helpful

More Answers

I am a family lawyer, and everything that Amanda H said is correct.

2 moms found this helpful

hey T.! good for your sister! my best friend has gone thru exactly the same thing. #1 he cannot change the childs name. since his name is already listed on a birth certificate he would have to go thru the courts to change it. they most definatley wont just change it.#2 he would have to prove her an unfit mom. but she does need to go to the court and get what they call sole gaurdianship. once it is shown he is the father he can take that child out of the state and there isnt anything anyone can do. it wont be considered kidnapping. this is really important. she can still get child support and all, he just wont be able to take the child. if he does after she gets sole gaurdianship it will be kidnapping.#3 she most definatley can get supervised visits if she can prove he is to unstable to be alone with his child. Hope this helps.adding to the response about it taking 6 weeks for abandodment, it actually takes 90 days.that is 90 with out any type of contact at all. if he calls, it starts all over.I have a lawyer for a cousin. email me if you need anything else answered and if i cannot answer it i will call him.--A.

2 moms found this helpful

Well i went through this some of it with my ex husband. My husband now has adopted my older son now though.
To answer some of the questions.
He cannot make her change the babies last name if that is the way it is on the birth certificate. I mean they might make her do it in court but i doubt it..
In the state of TN all it takes is 6 weeks of the father not seeing the baby or child to be considered abandanment. So therefore the judge will not give up custody of the baby to the dad. I can answer alot of questions and would be glad to.
It is possible for supervised visitation, but if she pushes the issue or has her lawyer to say he has never seen the baby etc. then it might be different. You can email me with all the questions you have and i will try and answer them based on my expericence.

S.
____@____.com

2 moms found this helpful

I've been going thru this process for the past 20 months. I can sympathize!! Your sister does not have to change the baby's last name. I chose not to. I'm in almost the exact situation. The father would have to take your sister to court in order to get any kind of custody. That's a separate court from the child support court. If they were never married, he doesn't have much chance of taking the child from her. I worried about all those same issues. Is she doing this thru Maximus? That's the agency that I've been working with.

She definitely needs to take him to court. He needs to be paying his share. The sooner the better. The court system takes months. The question about the supervised visits would have to be answered in court I believe. That's not something the child support judges deal with. They deal strictly with money. Although, the percentage of child support paid to your sister would depend on whether he's involved with the child or not. The judge asks if he's involved/visits the child and if he does not, his amount of support would increase. They try to get both parents involved. Hope this helps you a little. If you have more questions, just email me!

1 mom found this helpful

Well, the judges will definitely grant the father some kind of visitation if the father requests it. Most judges push for some kind of contact between the parent and child. If you want supervised visits between them, you have to explain to them why the father can't see the child alone. I got a divorce about a year ago and that's all I can help you with. Good luck!

1 mom found this helpful

First I THINK THAT SHE SHOULD GO DOWN THERE TO MAKE HIM TAKE CARE OF HS CHILD.

1. If you want to get child support the child need to have the fathers last name. It's easier and faster.Some judges will make the changes. It will get changed in court and she will get a new one.
2. as long as she has proof that the child is being cared for and is in a great envirment, the child stays with mom.
3. You can get supervised visit if the judge lets u. But, if he is willing to see the child after he has to pay support then let him see the child. I think that is where we go wrong. Don't discourage the father to be in the child's life. I know you said he wants nothing to do with the child, but aafter he is in court he may change, and that is ok. The child is still young and let the father come in give him a secound chance. I work with so many children in this same stay. And let mothers know everyday that it is ok, to forgive. Then again it's not for the parents it's for the child.

1 mom found this helpful

T.,
I have a 2 1/2 yr old daughter. I haven't seen her dad since that day I told him I was pregnant. We are finnally getting to go to court over DNA with him next month. My daughter doesn't have his last name and he has NEVER helped me with anything. Tell her to NEVER give up fighting for what is right with her baby! All of you questions really depend on the judge and the situation. I know in my situation. He cannot force me to change my daughter's last name. He will probably get supervised visitation but that's b/c he lives out of state. She can request anything and stick FIRM by it. The judge determines the out come, but I wish you and your sister the VERY BEST OF LUCK! It's very hard in her situation. Keep your faith in God. What's meant to happen will happen!
E. S.- single mom of 2

1 mom found this helpful

to ur first question yes if he request that the child have his name then yes she must change it but only if he wants the child to have his name to ur 2nd question it is very hard for a father to take a child from its mother he has to have STRONG proof that she is unfit does not matter her age or whether or not she is married or whether or not she has many or no boyfriends as long as she provides a good home for her child nothing else matters 3rd question as the visits its really up to the judge all she can do is express her concernsand leave it up to the judge but the most important thing she needs to do is get custody of her baby dont know how your state works but here in tennesseeif your single and the child has a mother and father but they are not together noone has custody of that child so she needs to check and see if she has custody of her child she need to seewhat her state laws are good luck ande remember one thing evry child needs to know their father whether its good or bad they need to know where they come fromyou never know he might just change for the bestkids can bring the best or the worst out of some one

1 mom found this helpful

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