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Child Support

Started by babylovebug21, Jan 06, 2005, 12:38:29 PM

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babylovebug21

 to get child support does the father have to sign the Birth certificate, and do you have to give the child his last name?  i'm very confused about a couple of thing so if someone could help me out this would be great of you thank you :7

wendl

Has paternity been establish, when it is, they usually order the father to be put on the birth cert.

As for last names, no the child does not have to have the dads last name, my son has my maiden name. But my ex was OK with that as we were never maried. I personally think you should discuss with the dad, if dad wants child to have his last name and you don't then be open to using both last names, that way all parties involved are happy.

If you have no legal docs stating the child is this mans, then you need to establish this thru the courts establishing paternity. Then the right thing to do is get a parenting plan done thru the courts then get a cs order.

**These are my opinions, they are not legal advice**

jilly

I don't think he has to sign it but he must be named on the birth certificate in order for you to collect CS from him.  If you haven't named the Father and go to social services to help you collect CS they will require you to name the Father and provide contact informatin for him.  They will then call or write a letter to him saying they've been told he fathered a child and to call them or come in to talk to them regarding paying CS.  He may or may not contact them.  If he does contact them but denies paternity there will have to be a paternity test done.  If you weren't married to the Father you don't have to give your child his last name.

From my own experience, DH and I were not married when our daughter was born.  Before the baby and I were discharged from the hosptial I had to provide them with information for the birth certificate. Because I put DH's name on the birth certificate as the Father, he had to sign an acknowledgement of paternity. This form was sent in with the birth certificate.  When I asked why he had to sign the form since we lived together and were planning on getting married I was told that since he was named on the birth certificate they needed him to acknowledge paternity now in case we ever broke up and they needed to go after him for child support. (Not a direct quote but that was the jist of it).

babylovebug21

 
 No paternity has not been established but he is the only guy i have been with. The baby is due in June and he has not been there from me through any of it. I have a lawyer and he is beening sent papers two days after the baby is born. But he is threating me with all these thing that i don't understand.  Like he has to sign the Birth certificate and the baby has to have his last name!! For me to collect child support from him.  So thank you  for helping me out !!:D

babylovebug21

 What do you mean about named on the birth certificate, is the where it say father name. cause the baby is born in june and he has threated not to give child supported if the baby don't get his last name and if he doen't sign the birth-certificate  thank you for helping me!!:D

jilly

Yes...that is what I mean by about named on the birth certificate.  You would have to put his name as the father on the birth certificate when your child is born.  Your original post didn't state that you were still pregnant.  However, I think there are some States that will not let you put the name of the father on the birth certificate if you aren't married. From your response to Wendl it sounds like you are ready to pounce on the father once the baby is born. I would just ask your attorney if your State will let you put the father's name on the birth certificate if you're not married.

Good luck to you and your unborn child.

Lawmoe

He must be adjudicated as the father. That can generally happen in one of two ways:

(1), he is adjudicated by default by signing some form of a recognition of Parentage declaring he is the father. After  a specified period (usually 30days) that serves as an adjudication of paternity.

(2) He is adjudicated the father in a paternity action

Haviung his name on the birth certificate only creates a prresumption of paternity, it does not make him the father in a legal sense