Legal Question in Family Law in New York

Giving a child father's last name

I'm 16 and pregnate i was wondering if giving the baby the father's last name would give him more rights. I dont want to take away his rights but i dont have plans to marry him and i would like the shild to have my last name...and also his mom said that if it didnt have his last name she wouldnt let him see the baby. Can she do that??


Asked on 5/20/05, 5:20 am

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Giving a child father's last name

You should not expect anyone to accept responsibilty for your child, without ALL of the RIGHTS, that go with the responsibilty.

Therefore, If you (or the father) seek a Declaration of Paternity, child support, etc., in the Courts, YOU will NOT have the right to decide your child's surname.

Also, the Courts CANNOT make a parent do anything more than pay child support, based on HIS income or assets.

Please note, Visitation and contact, etc., is a parental Right, NOT a "legal" obligation.

Thus, althouth the Court can enforce payment of child support, if HE is employed; NO one CAN enforce visitation, contact or any kind of direct personal dealings with you or your child; except, possibly his mother.

Good luck,

Phroska L. McAlister,ESQ

Read more
Answered on 5/20/05, 6:36 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York