My daughter is an unwed mother-to-be. She is not marrying the child's birth father, and does not intend to give the child the father's last name. What legal rights does she have as a single mother, and does the birth father have any legal rights? He has no intentions of supporting the child and says that she can't go after him for child support because he gets paid cash for his work.
Family Law Attorney
Your daughter is entitled to child support for her child if she wishes to pursue it. There is nothing that the father can do to avoid being financially responsible for his child if paternity is established (in other words, if he is proven to be the father). Please advise your daughter to contact an attorney that can help her if she wants to seek child support.
As for the father's rights, he can seek to establish paternity and to set up a custody or visitation arrangement. If paternity is established, he has the right to see his child -- unless his presence around the child endangers the child (physically or mentally).
Your daughter has rights, the father's child has rights, and there are a number of different ways this situation could play itself out. If your daughter wants child support, she should contact an attorney.
Despina D. Karras
Sykora & Karras, P.C.
This is informational only and is not legal advice. If you need legal advice or services, you should consult an attorney who can help with your specific situation.