Legal Question in Family Law in New York

I'm 19 weeks pregnant. The baby was the result of date-rape and an abusive situation. I didn't report it at the time because it's embarrassing. The baby's father was very clear- if the baby's a boy, he will insist on the baby having his last name. He wants to be an involved father. I found out the other day that the baby is gonna be a boy. Can the courts agree with him and force me to give the baby his last name or force me to change it to his last name, if I give him my last name? I don't want to look at my baby and be reminded of what his father did every time I call his name.


Asked on 8/29/10, 3:49 pm

1 Answer from Attorneys
Joel Salinger Law Office of Joel R. Salinger

First, it doesn't matter how long it has been, if you were raped you should report it now!

Second, when the child is born you can give the baby any last name you wish. The only way the father can have a say in that is if you were married and that is not going to happen, right?

Third, you can fight paternity but you can loose. You should consider leaving the state and going where you are not known before the baby is born. Remember, if he pushes paternity, he will get visitation with the child and might start a custody fight. You can go for child support.

If you need a free consultation, you can contact my office at 516-746-4747.

Joel R. Salinger

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Answered on 9/03/10, 8:36 pm


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