Can a father get custody if the child does not have his last name

[Traxler20]

What is the name of your state?What is the name of your state?What is the name of your state? Kentucky

Can a father get custody of a child if the baby does not have his last name. My sister is pregnant out of wedlock and due in a few months. She has been debating on what last name she should give the child. The father is a dead beat. He walked out on her in her first couple of months being pregnant. She is talking to him again, and she don't know what last name to give the child.
Can the father's parents get visitation rights to the child if the baby has the father's last name? My sister dont want her baby around the father's parents. You can't trust them, so does that make a difference with the last name. I also read that if she gave the child the fathers last name and something were to happen to her then the father gets all rights to the child. He wouldn't let us see it because for the fact he doesn't like us, and he knows that we don't like him, so he would do whatever he could to punish us. I am trying to look after my sister with things that she may face in the future and I dont want it to be hard on her. The father's parents threatend to take the baby. They just are a insane group. So any advice would be great. I just want to know what your opinion on the last name issue should be. I want to encourage her to name it after her, and not having to face a mess later on down the road. Someone please help me and get back to me as soon as possible.

 

[Some Random Guy]

the childs name doesn't mean anything. Legal paternity is determined through who the woman is married to (even if separated), by the birth certificate, or by the father filing for paternity.

 

[sissyo69]

Most states will not let an umarried mother put a mans name onto a birth certificate until that person signs a paternity affidavit stating he is aware the child is his and that the child will hold his name. It is also presumed in most states that a child is sole custody of the mother if there isnt a marriage.
He will have to petition the court for visitation. Until the father acknowledges the child his parents do not have any rights. They may sue for a paternity test but unless the presumed father fights also, there isnt a presumed basis for grandparents rights. Now that is how things work here, they might be slightly different where you are BUT the last name and paternity affidavidavit has been the same in the states I have researched.
Hope this is of help.
Don't worry too early, by the time the child is born ur sis may hate his guts and he may be long gone ( one can always dream huh )
Good luck.

 

[Traxler20]

Don't worry too early, by the time the child is born ur sis may hate his guts and he may be long gone ( one can always dream huh )
Good luck.

Yes one can dream and I really hope that she does hate his guts by that time rolls around. It is going to be hard, because she wants me up there in the delivery room and she said that he deserves to be there because of the fact he is the father. I am going to try my hardest to bite my tounge and not say anything to him.

Thanks you both for the advice. It really is appreciated. Anything helps. I just wish I could talk her into giving the baby her last name, I personally dont think the father deserves to have the child named after him especially since he walked out on her. But I guess all I can do is keep my fingers crossed.
Once again thanks for replying so soon. I really do appreciate it!

 

[sissyo69]

You know I said that and I wish that I hadnt now LOL
Regardless of you or your sisters personal feelings, If this man is this childs father you ALL are going to have to SUCK it up or be ready to take a huge plunge off a very short pier. Aleady there is worry and conflict and the child isnt born yet. HOW old do you plan to live to be? Well That is how long you may be dealing with this man if he chooses to take his responsibility and if it is his child. There is an easy road and a long road.
Take one day at a time. And I know how you feel about protecting your sister, I have a twin brother who I have fought for my whole life, BUT ya know what? I did not assist in them creating life. I even bought condoms and left em for him so that he would not do something that he wasnt ready to handle like a man. BUT I was not there putting the condom on and making sure there were no children. I just stood by him when he needed me and gave advise when ask, was cordial to mother of my BEAUTIFUL nefew and prayed for the best. There are times when he calls and says " Thanks sis, just for being there" Or he will call and say " I dont need anything, I just know when you answer the phone That there is someone there for me IF I need them"
Isnt that what we want our children to feel for their siblings?

 

[snostar]

The decision concerning naming the child is up to your sister, and will have no effect on future paternity/custody or visitation proceedings. Until paternity is legally established the bio father has no rights, but if and when it is established he can and will like get at least visitation if he files. As long as your sister is fit, and does not want the Gparents involved with the child they will have NO chance getting custody or visitation.

(edit) If in fact the father does get visitation, he can share that time with who he pleases, unless a court order specifically states the Gparents are not to be around the child, which would require far more than the fact that Mom doesn't like them.

 

[stealth2]

There is also a difference between putting the name of the father on the birth certificate and giving the child his last name. She could name the kid Donald Trump if she was of a mind to. But she could NOT put The Donald's name on the bc.

 

[LdiJ]

The issue of the last name of the child matters only for practical purposes rather than legal purposes. If dad is not part of the child's life then its usually easier for mom if she and the child have the same last name.

Establishing paternity is what matters for legal purposes. Generally that means the parents signing an affidavit of paternity or a DNA test. I think that KY is one of the states where the dad automatically has equal legal rights if paternity is established...however consult with a local attorney to verify that because I am honestly not 100% certain that is correct.

Grandparents won't get visitation rights if their own child is involved with the child...they will be expected to visit on their child's time. If their child is NOT involved, then they won't even be able to sue for visitation rights unless paternity has been established.

 

[Traxler20]

Sorry it took me awhile to get back

Sorry it took me awhile to get back. I thank all you guys for your opinions and replies. I am just very concerned for my sister. You cannot trust this guy, he will do anything.
Right now he saids that he wants to be a part of the baby's life. But I don't believe that for a second. He once said that before and he walked out on my sister when she wasn't home and her father went to bed. At the time they were both living with my Dad and I.
I know he won't go to court to file charges he doesn't have any money and cannot hold a JOB!
I am just worried that if my Sister gives the baby the father's last name that if anything should ever happen to her that the father will get all rights to the child and we would never see the child. He wouldn't be a good dad to the kid. He can't take care of his self. He is only 18 years old and he is a deadbeat.
I know that it is my sister's choice to whatever she wants to name the child. I do not pressure her on the subject. I leave it up to her and hope that she makes the correct choice. If she should however give the baby the father's last name I guess there isn't much to do about that, except stand back and accept that.
Once before my sister and I had a talk about her wanting to make me the baby's legal Godmother. If something were to ever happen to her, what would happen to the child. If I am the legal Godmother, do I get rights to the child or does the deadbeat Father?

Once again I thank you guys for your opinions and advice. I really do appreciate everything.

 

[Smarty Panties]

Why do you keep calling him a deadbeat? The kid isn't even born yet.

 

[nagol818]

Here's how it works in PA so maybe it's similar in your state. I am just going through this now so here is the updated version according to Pennsylvania.

I had a baby on April 20th. In the hospital they gave me birth certificate info to fill out and an Acknowledgement of Paternity form to fill out. My baby's father is in Oregon and I delivered a month early so naturally he wasn't there for the birth. I filled out the Birth Certificate info and gave it to the hospital but I took the Acknowledgement of Paternity form with me. The hospital told me that the BC will be pending at the PA Dept of Health until they receive the paternity form signed by either me or BOTH me and Mike(my daughter's father). I had the option of filling out just my info for the paternity form and giving it to the hospital to give the Dept of Health. Like I mentioned, I took the form with me because, personally, even though Mike is being a rediculously immature 41 year old about this whole baby thing, it's only fair to my daughter to know who her father is. So, yes, he will be on the BC. However, I did not give her his last name. As mentioned in other responses to your post, it makes no difference for visitation/child support/insurance or whatever who's last name the baby has. If anything it will just hurt the father's ego not to have his last name. From what I understand in PA laws, he can petition the courts to change her last name but the courts would decide that answer based on how attentive of a father he has been. Until Mike files for custody/visitation, I'm "da boss" of her 100% because there is no visitation/custody order in the courts AT ALL.

 

[stealth2]

Once before my sister and I had a talk about her wanting to make me the baby's legal Godmother. If something were to ever happen to her, what would happen to the child. If I am the legal Godmother, do I get rights to the child or does the deadbeat Father?

"Godparent" is not a legal designation - it's a religious one. The ONLY people with any rights when it comes to the child (once it is born) are the two parents. You do, of course, realize that the child has TWO parents, right? Until the child is born - and paternity established - Dad has neither rights nor responsibilities. Until a COURT orders them, Dad has NO legal responsibilities. Therefore, he is not a deadbeat until such a time as he refuses to meet court-ordered (not Mommy-ordered or Mommy's-nosy-big-sister ordered) responsibilities.

Should something happen to Mom, DAD is first in line to receive custody of the child. All the rest of you would have to prove him unfit (not an easy thing to do) before being given the child to raise.

 

[djohnson]

Also keep in mind that when she goes for state aid (high chance here I'm betting), they will ask who the father is and want reimbursement from him. Which means they will probably try to establish paternity. When they do that to him and start trying to make him pay. Bet he starts being a part of the childs life, deadbeat or not, even if it's just to cause problems. And once paternity is established, and soething happens to your sister, then he is the only one with any rights.

 

[amiegaines654]

You might want to advise your sister to know a little more about a man before she has a child with him. I can say that from experience

Get ready to deal with this man for the childs life, NO MATTER WHAT THE CHILDS LAST NAME IS. Once he proves he is the bio dad, he has rights. Plain and simple.

GOOD LUCK!

 

[Traxler20]

Why do you keep calling him a deadbeat? The kid isn't even born yet.

Because I know he will be a deadbeat when the child is born..