Legal Question in Family Law in Massachusetts
Last Name ?
If two people concieve a child together and ARE NOT married, who has primary say over what the childs last name will be? and can there be any disputes about it?
2 Answers from Attorneys
: Last Name ?
If the parties cannot agree, this can be resolved by an action in the probate and family court, in a complaint for paternity.
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Re: Last Name ?
The last answer is simply wrong.
Only the mother of a child can decide on a child's name -- given name OR "last name." A paternity action decides only a father's rights and obligations. Name is decided by the mother, who applies for the birth certificate. If mother doesn't agree with father -- which is often the case when the parents are unmarried -- MOTHER decides, even if father acknowledges paternity and is -named- on the birth certificate.
Gregory P. Lee
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