Legal implications for being an unmarried mother who gives her child the fathers last name? insurance custody tax parent rights?

Asked over 2 years ago - Schaumburg, IL

Im an unmarried mom to be and the father insits on baby having his last name. We are not married, and not sure that we ever will be... So I would like to know what legal implications there might be in the state of illinois for unwed mothers who give their child the father's last name. Insurance, tax, custody, parent rights, etc..?

Attorney answers (3)

  1. Judy A. Goldstein

    Contributor Level 20

    3

    Lawyers agree

    Answered . There are no particular legal implications. If he signs the Voluntary Acknowledgement of Paternity, he will legally be the father of your child. He will have certain rights and responsibilities, including child support and visitation.. You should seek the services of a family law practitioner as soon as possible to learn your options.

  2. Gary L. Schlesinger

    Contributor Level 20

    Answered . there are no legal implications of any particular name.

    if he is the dad, will he sign the voluntary acknowledgment of paternity at the birth? if so, then legally he is the dad. if not, then he is not until he does or until a judge says he is.

    go see a lawyer to discuss your options. try joel de grazia in schaumburg.

  3. Peggy Margaret Raddatz

    Pro

    Contributor Level 20

    Answered . No legal implications I can think of but some advice.

    1) Are you absolutely sure he is the father?
    2) Has there been a DNA test done?
    3) If things go badly you may regret this choice.
    4) It is hard on kid in single parent homes when they do not have the same name as the parent they live with.
    5) You are caring more about the dad and his feelings then your child's feeling.
    6) You are putting your child in the position of always having to answer and/or explain why his name is different than his mother's name.
    7) Legally you may give the child your last name.

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