Legal Question in Family Law in Texas
unmarried, baby last name, custody problems?
HELP ASAP....my daughter is not married to her unborn baby's father. But, for the present, they are together. However, he is proving to be a real jerk as to marriage. he agrees that it is his child, and he will assume support. her concern is the last name of the child on the forthcoming birth certificate. if she has the father listed (he agrees on this too) and uses his last name, what possible custody problems will she have if the baby has his legal name instead of her last name and no marriage rights for her? will this give him more court support in the future?? will she lose rights to the baby? what if she moves out of state? they have not proclaimed common law marriage outright. separate accounts, income tax...share living expenses. thank you
2 Answers from Attorneys
Re: unmarried, baby last name, custody problems?
In the hospital, they have the current forms (Acknowledgment of paternity) that the State of Texas uses for a father to admit to paternity of his child. The form must be completed by a trained staff person (each hospital has them) using the proper form and the father must be read a statement by the staff person. The staff person then signs the form acknowledging that he was told all his rights and duties. It is then filed with the State of Texas and if he does not contest paterity for a specified period of time (I think 6 months) then it becomes final.
If he refuses to do the acknowledgement of paternity, she does not have to put anyone's name on the birth certificate as father. (You would be surprised how many people leave the father's name blank -- even married people -- I can usually tell they had a fight in the delivery room!)
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Re: unmarried, baby last name, custody problems?
The last name of the baby does not affect anyone's rights, nor does the fact that they may or may not be married. In Texas, if he accepts legal responsibility as the father, then he will have to pay child support. She may have to go to court to make him pay.
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