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  1. #1
    Join Date
    Dec 2006
    Posts
    2

    Default Biological Father's Legal Naming rights

    I am pregnant and the father of this child and I disagree about the childs name. My question is, if we are not married--does he have any legal rights where the naming of our son is concerned? I have an older son, and I'd like us all to have the same last name. Do I have to give the baby his last name? What about him "requiring" that I give him the first name he selected. His reasoning is that I did not give him a choice about being a father so therefore we dont have to agree on what his son will be named. Marriage is no where in the picture in the near or distant future.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Biological Father's Legal Naming rights

    Until his paternity is legally established, he has no rights.

  3. #3
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: Biological Father's Legal Naming rights

    Did you remind him that he DID have a choice about being the father?

  4. #4
    Join Date
    Dec 2006
    Posts
    2

    Default Re: Biological Father's Legal Naming rights

    I reminded him that he did indeed have a choice about being a father at the time the child was conceived. He knew very well that I could become pregnant as this is not our first time being pregnant this year. Once paternity is established, does he then have a right to change the child's name? Even the first and middle name?

  5. #5
    Join Date
    Jul 2006
    Location
    TN
    Posts
    699

    Default Re: Biological Father's Legal Naming rights

    Once paternity is established, he does have the right to petition the court to change the child's last name however it is up to the judge to decide whether or not they will allow it.

    I recently sat in on a case in TN where the child was only 2 years old, but the judge said that the child identified with the mother's last name and to change the name would confuse the child.

    I am not saying that it will be the same in your case as I do not know what state you are in, I just thought I would share it with you.

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