From: ssmith@xocolatl.com (Shannon Smith)
Newsgroups: misc.kids
Subject: Re: Baby's Last Name
Date: Thu, 27 Aug 92 23:25:37 PDT
Reply-To: ssmith@xocolatl.com
Distribution: world
Organization: Amethyst Systems, Fremont, CA

jgelhaus@src.honeywell.com (Jennifer Gelhaus) writes:

-> I have another question resulting from this. In the case that my boyfriend an
-> I don't stay together but the baby has been given his surname, one person (Ly
-> Atwood) said that it might be easier for me to collect child support but anot
-> (Mike Nelson) said it might be easier for him to get custody. Yikes! Anyone k
-> anything about this or have opinions?

Gee...I'm just full of input for you :-)  I'm in the throes of this
one, too.

In the two states with which I am familiar (Colorado and California)
the child's name will have absolutely no bearing on ease or
difficulty of collecting child support or establishing visitation. 

In CO in the case of the single mom the father's name does *not* go
on the birth certificate at birth.  After the father fills out an
Affidavit of Paternity (signed and notarized) his name will then be
added to the birth certificate, and in such a way that you cannot
tell that it was added after the fact.

In CA and CO, when the father's name is on the birth certificate, you
are entitled to collect child support from him, and he is entitled to
visitation, both in amounts set by the courts.  You, like I, have a
tremendous advantage in not being married to the children's fathers
in that we don't have to go to court initially.  We can attempt to
work things out without legal intervention.  If/when that doesn't
work out, you can then go to court.  Yes, if he is the father he can
sue for custody.  But if you have been the primary caretaker the
chances of him winning are so very slim it's not worth worrying
about.  For more on that, go read alt.child-support.  It tends to be
a nasty, flame-ridden group, but there is some real important
information discussed there, too.  And if you post your question,
among the flames you'll receive back will be some very helpful
advice.

If your baby's father refuses to admit paternity, you can probably
force him to submit to genetic testing (I say "probably" because I
don't know the law in your state).  When the testing reveals that he
is indeed papa, you may then proceed as though he had signed an
Affidavit of Paternity.

If you refuse to put him on the birth certificate, he can sue for the
right to be named the baby's natural father, and they will (probably)
force the baby to undergo genetic testing.  Should the results bear
out the claim, he may then sue for custody, etc., but with (IMHO) a
better chance of winning on the grounds that you are forcibly trying
to keep the child from his/her father.

All in all, I would recommend that you name the baby whatever you
wish, and can live with forever, because judges do not change
children's names lightly.  I would recommend that you get your
boyfriend to execute whatever affidavits are necessary to make him
the legal father of your baby.

And I would recommend that you see a lawyer and discuss all this
advice with him/her :-)

Good luck.

---
Shannon Smith                     ssmith@xocolatl.com
Newsgroups: misc.kids