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3 Bumps

Childs Last name

Ia talked to a lawyer this morning and he told me that it would be best to give the baby the father's last name and that he would have no rights. I dont belive this is true. I am also married to another man but we have been seperated for 5 years. I can give the baby my last name and just have him sign a paper saying that he is not the father and is not responsable for the child but the laywer said it is a lot more to it than the papaer made it out to seem like. So I was wondering if it would be best to give the child my last name or his? The reason I dont want the father to have any rights is because I caught him having sex with his teenage daughter! When I mentioned this to the laywer he said nothing could be done because in south carolina her age is of consenting age.

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LittleBearMama

Asked by LittleBearMama at 5:55 PM on Apr. 11, 2011 in Baby Names

Level 4 (41 Credits)
Answers (10)
  • oh wow.... I wouldn't give your child his last name, I would do yours and have him sign the papers over.
    June_Mama09

    Answer by June_Mama09 at 5:58 PM on Apr. 11, 2011

  • Even in South Carolina is is illegal for a father to have sex with his biological daughter, and even his wife's daughter - stepdaughter. Section 16-15-10 of the Morality and Decency Code.

    Give your child YOUR last name. In SC, the child can only legally have YOUR maiden name OR the last name of the man you are still legally married to.
    twinsplus2more

    Answer by twinsplus2more at 6:01 PM on Apr. 11, 2011

  • Definetly talk to a different lawyer...i would give the child your last name and have him sign the papers...if that doesnt work there is a thing that i have heard of where you put it as a puplic announcment kind of thing like in the paper or something and if he doesnt respond it wold be an automatic fail for him... im sorry you have to go through that ... hope it works out for you
    jaksonsmommy

    Answer by jaksonsmommy at 6:05 PM on Apr. 11, 2011

  • Child gets your last name. Why don't u just cut the other guy lose 5 years is a long time when u r not even acting like your married!
    dancer

    Answer by dancer at 6:13 PM on Apr. 11, 2011

  • give that baby your name. I wouldn't worry about the paper work - you shouldn't have to HAVE to put a name on b/c (in illinois you don't) BUT I would call child protection on him regarding his daughter!!!! I don't care if she is 18! THAT is wrong on soooo many levels
    brypmom

    Answer by brypmom at 6:29 PM on Apr. 11, 2011

  • Idk bout SC but in indiana if u dont name the father he has to take you to court to get legal rights to the baby and since u have not married this other guy u dont have to name him as dad and he has no rights to the baby..i was not married to my daughters dad but still together and gave her his lastname and he still had to take me to court for rights to see her and we were able to get supervised visits that are still in place and shes now 3yrs old...what ive been told in the past is one of the best things you can do is get a notbook and wright everything down like if he says he going to go to the next ob appt and doesnt or when the babys born if he does get to see it then if he says hes comming over or goin to buy diapers and doesnt things like a judge wont take lightly your not goin to remeber a converstaion from 2yrs ago..just give the baby your lastname
    rachel216

    Answer by rachel216 at 6:35 PM on Apr. 11, 2011

  • My head hurts, lol. Do what you want. Or get a 2nd opinion frmo a different lawyer. (Did his daughter consent to sex? Does her bio mom know?)
    Renee3K

    Answer by Renee3K at 7:07 PM on Apr. 11, 2011

  • Wait. I would get a different attorney. He is condoning a father having sex with his own daughter because she is at the age of consent? WRONG!!! That is incest and is ILLEGAL, doesn't matter that she is the age on consent. Heck, I would call CPS myself if I knew that was going on. You can give your child whatever last name you chose.

    Renee3K: what does it matter if the daughter gave consent or not? IT IS ILLEGAL TO HAVE SEX WITH YOUR CHILD!!!! And disgusting.
    tyfry7496

    Answer by tyfry7496 at 10:47 AM on Apr. 12, 2011

  • uhm regardless of what the consenting age is it's against the law to have sex with your child. Some one needs to call both the police and social services regarding that and possibly report that insane lawyer.
    Jamie-Leigh

    Answer by Jamie-Leigh at 11:41 AM on Apr. 12, 2011

  • if your married then no that father would have 0 rights unless u go to court and give them to him.
    Kittty_Katt

    Answer by Kittty_Katt at 7:24 PM on Apr. 14, 2011

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