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(minimum 6 characters) daddy problem.

i live in pa....i filed for divorce not too long ago and he said hes going to sign the papers...i didnt find out i was pregnant with our child until we were already seperated and hes with someone else now. he said it would just be easier to sign over all rights but if by chance he does, can he fight for the baby to have his last name? the divorce should be final by then. he def wont be there when i have the baby. im really scared and i dont want to have a different last name as my child. i kept my maiden name because we were even married that long.

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Asked by Anonymous at 5:15 PM on Oct. 2, 2008 in Pregnancy

Answers (14)
  • if he signs over rights he cant say anything about the babies last name..... keep in mind no child support either...

    Answer by navywifemomkoch at 5:26 PM on Oct. 2, 2008

  • As far as I know you can give your child any last name you want! I f he gets mad about it too bad. All hosp's that I know of have the Mother fill out the birth certificate - even if dad doesn't like the name mom has last say, so i think you can do whatever u want in this case

    Answer by mommyof5boys543 at 5:27 PM on Oct. 2, 2008

  • seems to be a common problem in PA.

    Answer by Anonymous at 5:27 PM on Oct. 2, 2008

  • He can't force you to name your baby with his last name! When you have that baby, you name it with your name. The mother is the one who signs the papers that goes on the birth cert. Not to mention, you don't even have his name and he wants to sign over his rights! He doesn't want to see the baby at all??? That's sad. I don't know the situation but one day the baby will ask about his dad and you two need to figure this thing out together.

    Answer by AshJoe05 at 5:27 PM on Oct. 2, 2008

  • Its not the LAW that every mom has to give baby daddies last name just like every wife doesn't have to take hubby's last name. Itsnot illegal to give your child your last name

    Answer by mommyof5boys543 at 5:29 PM on Oct. 2, 2008

  • hes called my baby a mistake before but we both want him in the babys life. i told him that if he signed over rights i would bring the baby to visit and he would help out when i needed it. right now his family is giving him money to finalize the divorce so i know hell sign but if it doesnt go through in time then what? if were still married ill change my name to his if he requests that as the babys last name...otherwise i want mine. but if were divorced then i cant change my name to his.

    Answer by Anonymous at 5:35 PM on Oct. 2, 2008

  • i've lived in many states and in all of them you CANNOT even give the baby the dad's last name unless he's there to sign the birth certificate or acknowledgment of paternity form if not married to him. try to get that divorce ASAP!!!

    Answer by mrsary at 5:42 PM on Oct. 2, 2008

  • Wow, maybe I'm just a bitch, but I think you're being REALLY nice. If my DH was with someone else, and we weren't even divorced yet, and if he'd said the baby was a mistake and offered to sign over rights, I would not let him have anything to do with the baby, I would not be willing to change my name or give the baby his name. But that's just me! ;) Do whatever feels right for you. Just don't compromise anything that's going to make you feel badly or that you will regret later. Good luck!

    Answer by WadeMom313 at 5:50 PM on Oct. 2, 2008

  • well thats the thing...i dont want my baby to have his last name. i feel that if im the one paying for everything and raising this baby that it should be mine. im just afraid that if the divorce takes too long hell fight for the name change. he said he doesnt wanna go to court for anything though. i just know hell change his mind at some point. his parents dont even wanna acknowlegde the baby.

    Answer by Anonymous at 5:55 PM on Oct. 2, 2008

  • I don't think he can force you to give the baby his name. If that's how you feel, If you can (I don't know the laws) I'd get him to sign over rights now, before he changes his mind. And he can't fight too much if he's not going to go to court. He can bitch and moan until he's blue in the face, but if he's not willing to go to court, he can't FORCE you to do anything.

    Answer by WadeMom313 at 6:00 PM on Oct. 2, 2008

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