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Avatar universal

who has more rights?

Me and the father of our baby havent been dating for awhile, we actually broke up before I even found out I was pregnant with him. Anyways the baby will be living with me at my house with my parents, I will be paying for basically everything including health insurance. The father plays a role in the babys life even tho she wont be born till December and I know he will be a good father but who has more rights when it comes to the child? I want the baby to have MY last name since she will be living with me but he wants her to have his last name. He also tries to threaten me for no reason that he will take full custody but he cant even finacially support himself...
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Avatar universal
Where I am from you can give your baby your last name but he can get it changed to his when yall go to court. It's happened with 2 people I know even my dad the judge will look at him and ask him if he wants the baby to have his last name or not, also if you put him on child support he HAS to carry insurance on the baby.  I'm going through the same thing and I'm having a consultation with a lawyer soon so I can be prepared.
Helpful - 0
Avatar universal
If your not married u have all the rights but if he signs the birth certificate u have equal rights and they can give the baby his lasbame then
Helpful - 0
10421766 tn?1411847101
You have more rights than him because y'all aren't married. You can put your last name on the birth certificate because you fill it out not him. And unless he can prove you to be unfit he will NOT get full custody.
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Avatar universal
In pa there is almost no way for men to get the children. Unless the mother has a record of abuse or neglect. Something serious. Most states give more rights to the mother. If he can't afford to support himself he won't be able to afford a lawyer.

A positive side is he wants to be a part of her life.
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Avatar universal
I live in New York, Im getting a family lawyer but its been on my mind lately and Im anxious to know esp about the whole last name thing
Helpful - 0
9121436 tn?1407979502
No judge will give the father more costody than the mother unless he can prove she is unfit. By unfit i mean leaving your child often, drugs in system, no feeding or clothing child properly etc. They still usually try to help the mothwr first before giving the father full custody. Even if you have joint custody you will still have more days. Usually the dad gets every other weekend or if the judge is friendly they will get every weekend. Also he has no control over naming her at all though. I totally understand giving her your last name.
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Avatar universal
If he doesn't sign the birth certificate than he has no rights to the baby. He would have to take you to court and so on to get his rights. You can give the baby your last name but he can also give the baby his without your consent at the hospital as long as he tells them he's the father when you're not there. Like for example he can go and sign the documents without you than they'll just ask for your signature. So in that case whomever gets to the birth certificate first. Good luck!
Helpful - 0
9309926 tn?1405447056
You have more rights. You are supporting her he can not take her away because he cannot prove that you are an unfit mother. If he is not on the birth certificate the baby by law will have your last name but if he is he has the right to put his last name
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Avatar universal
Mothers automatically have more rights then the father. And with the whole name thing you can name your child anything you want. He don't have a say. Your the one filling out the paper work all he does is sign it if he wants to be on the certificate. Some states are more for one parent then the other though... like Michigan is a mother state.
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9267525 tn?1410816471
You have more rights
Helpful - 0
Avatar universal
Even though you will be paying more on your baby. I hate to say this but its equal rights to the child. Unless you have a court order and get full custody but you have to have a reliable reason as to why he shouldn't have rights to his child. I can understand about the baby having your last name but a father feels like a child is his only when they either see the child for the first time or the child has his last name.... They make him feel like a man to others. My sister raised my niece and she has her last name but the father wasn't ever there until she was 8
Helpful - 0
9842459 tn?1411688168
Idk how it is where you live but here if you are not married the mother has full custudy of the child. You can put your last name. He can take you to court for full custudy but it will be a loosing battle UNLESS he can prove you are unfit. And even then I think the grandmother has more rights then he does. (That's what happened to my brother when his ex died) you can get him for child support (I don't believe in) and he can try to get joint custody but I think that's all he can really do till the child is old enough to decide if they want to live with him.
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Avatar universal
I had this happen with my first child. The court decided it was the parent that had the child more nights that got primary physical care. So as long as you document all the nights you keep your child you will get primary custody. He can still fight for visitation rights.
Helpful - 0
Avatar universal
If he can't support himself and tries to get parental rights, you will most likely win.
Helpful - 0
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