The Last Name

11 Replies
xoxticiaxox - February 26

Okay, me and my hubby both have different last names, and I want ym last name incase of a custody battle in the future (heaven forbid), Im told I get more rights if the baby has my last name....but my hubby wants his last name too, will I still get as many rights if we do a hyphinated(dunno how to spell that) last name? Please, I am in canada

 

MichelleB - February 26

I cannot imagine that you would have more or less rights if your last name is not included. We made our boys middle name my last name. My friend secretly left her boyfriends name of the birth certificate for this reason, but different situation.

 

xoxticiaxox - February 26

Well thats what everyone is telling me to do, but if we do end up staying together...then he will hate me for it...!

 

aaaaaaaaaa - February 26

No matter what name is on the birth certificate, you're still the mother - therefore I cant imagine you having less rights because of the name? That makes no sense...

 

chriss - February 26

First off, if you are setting things up for failure, it will most likely fail! and when it does, it won't matter which last name your baby has, the father will have the same legal rights as the biological father whether your baby has your last name or his! Just my opinion...........

 

bernadetteoc - February 26

I don't know what the laws are like in Canada but in the US the last name isn't going to give him more or less rights. What it will do however is establish that he is due to pay child support, as the childs father. This is probably something that will benefit you and your baby if you do choose to split up.

 

xoxticiaxox - February 26

Well the reason I thought this was becausemy aunt has a freind whos daughter is going through custody battles, and she is pregnant and already has one...her lawyer told her to MAKE SURE that the unborn babys last name was hers. Yes you did read he is my fiance...but we are definitly NOT getting married anytime soon, especially if it keeps up like this. I was also told that in canada I have more rights to custody as the mother...Ive tried looking it up on google...but it keeps bringing me to things I dont need. Thanks for your input ladies xoxox

 

Tammy276 - February 26

It sounds like you and your fiance don't get along? If you are not married, then don't put his last name on the birth certificate...Its not going to matter as far as rights are concerned. It doesn't matter what the babies last name is. In most situations, the mother most likely gets custody of the child, even here in the US. To me it just sounds like you are already thinking that things are not going to work out. I mean I would never think to my self "well maybe I should give our child my maiden name incase we get a divorce in the future".......but anyway. If you want to hyphenate it, then go for it, but its not going to matter what the name is if it ever comes to a custody battle.

 

xoxticiaxox - February 26

Well, we have had some problems, and he seems to smarten up for a brief period of time, then it all goes down hill again! So Im trying to think of how it could be in the future...he is not able to care for a child on his own...Im taking my daughter to bes best interests to heart. Thank you, and I will hyphinate the name....xoxo I apprechiate it

 

Smilefull - February 26

had a similar issue at one point. There's two points of interest to you regarding the birth cert and custody. Most importantly is declaring the father--you can choose not to declare one, that will help you a lot legally. The last name is more about impression--not anything legal. For example, if you're crossing the border and your son/daughter has a dif last name they might ask you why--more questions---if you end up going to court--infront of the judge, the judge may percieve you naming the child your fiancees last name as a partial indication that you a__sumed he would be the father--wether legal or biological. Hope that helps. PS. don't marry the guy if you're already worried about custody battles.

 

chriss - February 26

Just a thought, but wouldn't it make you look pretty bad if you have the father as "unknown" on the birth certificate. A guy can always demand a paternity test if he can prove that you've had a relationship. I live in Canada and my brother actually got primary custody of his two little boys because he was able to prove his girlfriend was an unfit mother. So it does happen!

 

xoxticiaxox - February 26

well Im not looking to trick him, or not put him down as the father, I would just prefer her to have my last name, and then when and if we got married, her name would be changed over as well as mine...its right to me the way I see it. But he is to stubbour to agree with me!

 

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