the father left me for another girl but still wants to take our sons last name...

Cristina - posted on 09/11/2012 ( 2 moms have responded )




I got common law married to the man i planned on spending the rest of my life with after we got pregnant. He left me for another girl but still wants to be involved with our unborn child and wants to take the last name. I feel he's undeserving, but I'm concerned my son will some day want to have his dad's name, since he will be involved. I'm not sure how to proceed. And i'm not exactly sure what legal rights he has as a father with our common law marriage if i decide to give our son my last name.


Michelle - posted on 09/11/2012




All he has to do is have a dna test to prove he is the father and he will have the same rights as a man who was with mom and married when the child is born. Marriage is not what makes him this childs father dna is and he will have rights but he will also have obligations as well. My suggestion is do what my SO and I did hyphen the last name. Now we did it so that my son would feel like his sister was his so that they would have the same last name. So both my kids are hyphenated, my son has mine and his fathers my ex husbands last name and my daughter has her fathers and my last name eventually I wouldn't doubt both my children will use my SO last name


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Tyla - posted on 09/11/2012




The name your child has does not matter to the law what matters is if the father is on the birth certificate or not

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