Can a babys farther go for full custody if the baby has a different last name to the farther but the farther is on the birth certificate ?

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Jodi - posted on 04/12/2011

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If he is the bilogical father, he has some rights. Can he go for full custody? Yes he can. He might be hard pressed to get it. Chances are he won't. Can he get 50/50? In this day and age, yes, that is likely unless there is a reason why he can't in the best interests of the child.



In any custody situation, you need to focus on what is best for the CHILD. This isn't about you and him. The point is, the child has a right to know both of you. Unless it is not in the best interest of your child to know her father, you really can't deny him some level of custody. And neither should you - your child will only resent you for it in time.

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User - posted on 04/13/2011

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Actually it doesn't even matter if his name is on the birth certificate. He could just petition to establish paternity. If he is the biological father or meets another legal definition of father under your state's laws. That would be like the reverse... a woman man saying he doesn't have to pay child support because he didn't sign the birth certificate or the child has different last name. The court just establishes paternity first.

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I agree with Jodi as well. The baby's last name has nothing to do with it - it's all about if the father is on teh birth certificate and if there are questions about paternity the court will order a DNA test to make sure.

Siobhan - posted on 04/12/2011

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thank u every 1 i was a bit lost coz i been told he cant if his last name is diff to the babys but then i been told he can so i was lost but thanks 4 helping me

Bonnie - posted on 04/12/2011

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Yes, if the father is on the birth certificate he can try to get full custody. Doesn't mean he will get it though.

Erini - posted on 04/12/2011

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yip they sure can, cause his names on the birth certificate, and that means he's the legal father

Adrianne - posted on 04/11/2011

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Of course you need to check your own state laws, but yes. He may be ordered to take a DNA test, then hire legal representation to sue for custody. I believe a "parenting plan" is the end result, as a rule. Don't panic.Just keep loving and caring for that baby!

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