Legal Question in Family Law in New Jersey

Re: father's birthright

Hi,

Your daughter can put her last name on the birth certificate, it is her absolute right to name her child.

If he wants to give up his rights, he would have terminate all his parental rights. However, why do you want to give up the child support because if you terminate his rights, which is difficult and expensive if he won't cooperate, you can not collect child support.

I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

Disclaimer: You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Re: father's birthright

Whether or not the mother's family name is used, the biological parent has fundamental rights under the US Supreme Court case of Stanley v Illinois that can be googled. To have a dad give up his rights would probably involve a consent for someone else to assume these responsibilities such as a step-parent adoption. Generally, a custodial parent has the right to name the child controlled by the best interest standard.

It seems that these questions are premature as far as termination of rights. Once the issue has ripened, you should get a lawyer.