Legal Question in Family Law in Pennsylvania
(I'm sorry that this is long)
My baby's father and I are no longer together, and were never married. I'm 22 years old and he is 24. I'm 21 weeks pregnant with a baby boy, and I spoke to his father for the first time in months. He wants the baby to have his last name, but I told him absolutely not. I also already picked my son's name out, but he said he had one picked out and wants to name it. I told him maybe we can work on that, but I'm happy with the name I picked. He feels I'm being unfair because this is his first son and he didn't have a say in his daughter's name, (he has a daughter with another woman), but I don't feel he deserves to name it for a lot or reasons. Most important reason is because he tried to force me into abortion when I first told him I was pregnant at 10 weeks, and said he would run away and disappear if I didn't get one. I chose life for the baby...and it is my first child, so I feel I deserve to name it. Anyway, when we talked again I told him that once the baby is born we will have to go to court for child support. He feels we can work things out without going, but we were already arguing about things, and I feel it's important that I take him. He wants to be in the child's life but is acting so stupid, that he says if I take him for child support and wont let him have a say in the child's name or give the baby his last name, he will sign over all of his rights to me and will not have to pay child support or do anything for his son, and that I will get a social security check every month or something. I would be in control. He said he wont be in his life which is ridiculous all because of a name issue, and because I feel we need to go to court. He said if I was to take him for support, I would most likely hardly get any money at all because things are different than they use to be and laws have changed. He has a 3 year old daughter with someone else that he has partial custody of and pays child support for. If he signs all of his rights over to me, will he still have to pay child support? If he doesn't sign over all of his rights, will they go by how much he makes and how much he has to pay for his other child? I don't know where he works now or how much he makes, but I only make minimum wage $7.25 and I work as a housekeeper, so my check is always different depending on how many hours I worked, and I don't know if I'll be returning to this job later after the baby is born. I'm living with my grandfather and aunt. I was approved for food stamps (SNAP), and I'm waiting to see if I can get medical insurance. Is he going to have to pay for that if I'm not approved? What about a DNA test f he wanted one? although, he knows it's his because I don't mess around. I was 100% faithful.
I'm 22 years old and my baby's father is 24. We are no longer together and were never married. When I told him I was pregnant at 10 weeks, he tried getting me to have an abortion and was threatening he would disappear so I couldn't find him, saying I'm on my own, even saying he would get a PFA on me...which didn't make sense since I was never abusive. I'm 21 weeks pregnant now and spoke to my ex for the first time in months. He wants to name my baby boy and wants the baby to have his last name. I told him I already named my baby and my baby getting his last name is out of the question. I wont have that. He wants to be in the child's life, but feels I'm being unfair. I don't feel he deserves it, and plus it is my first child. This is special and important to me. I told him we need to go to court for child support, and he told me he will sign over all of his rights if I do that and he wont have to pay support, see the child, do anything for the child, or have a say in anything. I'd be in control. He has a 3 year old daughter with someone else and supposedly didn't have a say in her name either, so that's why I feel he's acting this way plus he didn't think he could have a boy. He has partial custody of his daughter and pays child support.
1 Answer from Attorneys
NAME:
If the parents of a child are not married, the father cannot demand that the baby carry his last name;
FATHER
Whether or not you want the father to be in your child's life is irrelevant because the law firmly states that a child deserves to have both parents in his life and Courts have consistently upheld this right, whether or not the parent has paid child support.
In deciding custody and visitation, a Court will apply the principle of "what will be in the best interests and permanent welfare of the child. Even in situations where a parent has not paid child support, the Court will not consider that in determining custody.
The Court will not interfere in naming your child. As for the baby's last name, if the father has not been determined by either the Court or a DNA test, you can give your child your last name. However, if the father takes a DNA test and is determined to be the father, he will have more rights than he has now.
The fact that the father has given up his rights to the child will not relieve him of his obligation to pay child support.
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