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Does Giving a Child the Father's Last Name Affect His Rights

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  • 08-31-2012, 12:39 AM
    faithlamon
    Does Giving a Child the Father's Last Name Affect His Rights
    My question involves name change laws in the State of: Wisconsin

    I'm 18 years old and want to give my daughter who's on the way her father's (my boyfriend's) last name. I heard that by giving a child the father's last name outside of marriage, I'm giving him special rights and he'll be more likely to get his way in court if this comes to a custody battle. Is this true? I know he'll be a great father which ever last name she has, but it's just an emotional thing for him.

    Thank you for your time.
    Faith
  • 08-31-2012, 12:47 AM
    Dogmatique
    Re: Does Giving a Child the Father's Last Name Affect His Rights
    You heard wrong.

    Think about it - you could name your child Junior Gates, and that doesn't mean Bill Gates has rights or responsibilities to your child, does it?

    Name the child what you wish. It simply won't affect custody one way or the other.
  • 08-31-2012, 04:50 AM
    flyingron
    Re: Does Giving a Child the Father's Last Name Affect His Rights
    As Doggy says, the important matter is whose name is on the birth certificate or has been determined in subsequent paternity, adoption, or other court action.
  • 08-31-2012, 10:55 AM
    llworking
    Re: Does Giving a Child the Father's Last Name Affect His Rights
    Quote:

    Quoting flyingron
    View Post
    As Doggy says, the important matter is whose name is on the birth certificate or has been determined in subsequent paternity, adoption, or other court action.

    Even being listed on the birth certificate does not give any special rights. All that means is that they can skip the establishing paternity part of the legal actions.

    Dad won't have any enforceable rights until a court grants him those rights.

    - - - Updated - - -

    Quote:

    Quoting faithlamon
    View Post
    My question involves name change laws in the State of: Wisconsin

    I'm 18 years old and want to give my daughter who's on the way her father's (my boyfriend's) last name. I heard that by giving a child the father's last name outside of marriage, I'm giving him special rights and he'll be more likely to get his way in court if this comes to a custody battle. Is this true? I know he'll be a great father which ever last name she has, but it's just an emotional thing for him.

    Thank you for your time.
    Faith

    That is exactly what my daughter said when her child was born. I suggested giving the child her last name instead. My grandchild is now six and guess what her mother regrets doing?
  • 08-31-2012, 03:07 PM
    aardvarc
    Re: Does Giving a Child the Father's Last Name Affect His Rights
    Exactly! Bottom line being that if fathers want automatic rights, they need to marry, and not just impregnate, the mothers of their children. Religious aspects aside, marriage is a legal CONTRACT that gives rights and responsibilities to both sides, on LOTS of issues, including paternity of children, and rights to access and decision-making. Dads who make babies without marriage are legally on the same level as the mailman or the hobo under the bridge: they are nothing, legally, to the child - not until they take the steps to get established as the legal father AND to establish rights in court. None of those things are impacted by what last name the child is given. They can only be addressed with either a marriage certificate, or a court order.
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