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Paternity Law Issues relating to establishing and disputing paternity, DNA testing, and associated matters.

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Old 04-18-2009, 08:03 PM
JPINCA JPINCA is offline
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Default Father's Rights to Have Child Have His Last Name
My question involves paternity law for the State of: California

I am married and my wife is pregnant with our child and due to deliver shortly. She has just informed me that she wants to initiate divorce proceedings and have her last name for our child. She has been married before and her current last name is not her birth surname.

What rights do I have:
At the hospital: Can she prevent me from being at the hospital or seeing our newborn child? I assume that the child would be sent home with her not me for health (feeding) reasons, is this correct?
Birth certificate: Can she give our new child her last name instead of mine?
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Old 04-19-2009, 02:49 PM
RA3883 RA3883 is offline
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Default Re: Father's Rights to Have Child Have His Last Name
Usually when one delivers a child at a hospital, DSS will come to the MOTHER and give her paperwork-birth/death certificate, SSN, paternity, etc. In the state I am in, both parents are required to go to a Vital Records office and both sign the birth certificate.
A friend of mine just had a child in California and she just went to the records office herself, put her and her husband’s name on the form. No questions asked.
If your wife is in the same disdainful state during delivery. She will be the one who decides the last name on the paperwork and at the records office.
If you are at the hospital and she does not want you there, surely she will call security to escort you out or before she delivers she can request that you are not to be allowed in the maternity ward. She can tell anything to the hospital security (like you are abusive) so you will not be permitted to see the delivery
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Old 05-22-2009, 01:59 PM
chadiox chadiox is offline
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Default Re: Father's Rights to Have Child Have His Last Name
I am experiencing a similiar problem, though the mother to be and I were never married. I live in Washington State and have been unable to find any information protecting my rights to have a choice in my childs name. I would be alright with our child having a hyphenated name as well, but again the mother to be is non-cooperative on this issue. Does anyone know of a link or have information in regards to this issue?

Thank you
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