Tuesday, May 5, 2009

Can the father of an illegitimate baby legally change babies name without moms permission?

Baby was born out of wedlock in NC while father was married to another woman. Mother broke it off when she was 3 months pregnant and found out father was married. Baby has mothers last name and has never resided with father. Father has never shared home with baby, nor does he pay support or visit baby. He is listed on BC as father and did not contest babys name at birth. Baby is 9 months old now and resides in SC with mother. Can father legally change babys name to his own without the mothers permission? Is there some law regarding this?

Can the father of an illegitimate baby legally change babies name without moms permission?
It varies by state, but usually, unless the parents are married, the baby takes the mother's last name. I do not believe he can legally change it without your consent especially if he is not paying support.
Reply:Nope. It's half you're baby. If he isn't supporting his child, you need to call him out on that, too. If he's not even attempting to help, he really shouldn't have any right to rename him/her.
Reply:As far as i know NO, the MOTHER has the naming rights to the child. You do not have to give your child either of your last names if you don;t want to.





(my hubby's mom didn't know she didn't have to give him his fathers last name so she hypenated it. For our kids we just dropped his fathers name. ie ours is smith-banks and the kids is just banks)
Reply:No he can't. I think it is a legal issue that should be decided in court with both parents present.
Reply:It doesn't matter who has custody, or if married or not, both parents must agree to name change on child. Although the judge can decide that one parents reasons are better than the other and the judge can make the decision.
Reply:No way. In our state it takes both parents signatures or a court order.
Reply:No he cannot change the babies name without your signature...unless he has custody and opts for it in the court of law :)
Reply:no he cant. that is a legal issue to be decided in court. with both parents present.


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